(by Paul Vivian and Rick Preckel, www.prestonpipe.com) Market Monitor – The EPA has proposed a rule that would limit the scope of section 401 of the Clean Water Act. This section allows states and tribes to review and ultimately approve or veto, federal permits for energy projects that could discharge pollutants into nearby waterways. Under the EPA plan, states and tribes would have the authority to address the direct water quality effects of a given project, but not other factors like air pollution or traffic. The EPA says that the “proposed rule is the next step in ensuring that states and tribes only utilize section 401 for its statutory purpose, and not as a weapon to shut down projects”. The Summit carbon pipeline saga continues. The Iowa House lawmakers are considering a bill prohibiting the use of eminent domain for CO2 pipelines. If the bill passes, opponents say it effectively bans carbon dioxide pipelines from the state. Last year, the Iowa House and Senate passed legislation that would have defined in state law what constitutes public good for the use of eminent domain; required pipeline companies to carry a certain amount of insurance; prohibited pipeline renewal after 25 years; and constrained when and how pipeline companies can sue landowners, among other provisions, but Gov. Kim Reynolds vetoed the bill saying it went too far and threatened the state’s energy reliability, economy, and business-friendly reputation.
Preston Pipe Report – January 2026
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