opinion

It's time for Iowa Legislature to fix Dakota Pipeline flaws

A year ago, Dakota Access had a reversal of fortune when President Trump issued an executive order giving Dakota Access a green light to finish its crude oil pipeline that crosses Iowa and threatens Iowa’s major waterways, including the Missouri and Mississippi.

Prior to that executive order, Iowa had been locked in a pitched battle that pitted landowners and environmentalists — unusual bedfellows — against a transnational corporation. That struggle highlighted some fatal flaws in Iowa’s decision-making process that need to be revisited so we can avoid mistakes in the future.

The Iowa Legislature should fix these in this upcoming legislative session.

Flaw 1: An unelected three-person board called the Iowa Utilities Board approved the permit giving Dakota Access the “right” to take private property from farmers and put their unwanted crude oil pipeline through their land. This isn’t democratic. The IUB is appointed by the governor and is subject to the political whims of the governor. The IUB should be elected. Then, if we the people don’t like a decision, we can vote them out of office.

Flaw 2: Through the most contorted logic, the IUB said that Dakota Access’ crude oil pipeline met the test of “public convenience and necessity." It has to meet that test in order to be given eminent domain. How in the world could nine months of promised (but not guaranteed) jobs and the threat of polluting the drinking water of millions of people possibly be for the convenience of Iowa’s citizens or be a necessity? When you threaten the very necessities of life, especially water, there is no sane way to argue that a crude oil pipeline is safe or a necessity. We’ve seen too many leaks lately in other pipelines, including in Iowa and South Dakota. The Iowa Legislature should clarify that “public convenience and necessity” does not include anything that threatens public health and the environment. They must exclude crude oil pipelines for any consideration of public convenience and necessity.

Flaw 3: The IUB gave the power of eminent domain to Dakota Access to take the land of farmers and other landowners against their will. The power of eminent domain must be reserved as the unique power of government to move private property into the public domain, into the commonwealth for the benefit of all. It is an abuse of that power to simply transfer land rights from one private property owner to someone you like better. If a corporation such as Dakota Access wants to site their pipeline, they should get permission and the prior agreement of the landowners. The Iowa Legislature must claw back authority to use eminent domain only for the public good, not to play favorites and give away Iowa’s birthright to the wealthiest of corporations.

Flaw 4: The IUB had no enforcement mechanisms to ensure Dakota Access kept its promises. Dakota Access promised all sorts of jobs going to Iowans but there was no guarantee, no reporting and no enforcement. Analysis of the anecdotes, observations at the sites and newspaper reports show that Dakota Access didn’t even come close to fulfilling the number of jobs it assured the IUB it would give to Iowans. Then there were the construction flaws. Dakota Access was prohibited from doing construction in wet conditions. They went ahead, anyway, laying pipe in conditions too wet for farming, and argued that it didn’t matter as long as they separated the topsoil from the subsoil. The result was damaged land that will reduce yields for decades. Nor are there any enforcement provisions if the pipeline leaks. The Iowa Legislature must pass legislation that specifies if the pipeline leaks and contaminates any water, the permit will be revoked.

It is not too late for the Legislature to fulfill its responsibility to future generations and protect Iowans from these fatal flaws.

Carolyn Raffensperger is the executive director of the Science and Environmental Health Network in Ames.