The Mercury News Weekend

Iowa pipeline foes lose court decision

- By David Pitt and James MacPhereso­n

DES MOINES, Iowa — The Iowa Utilities Board denied Thursday a request by a group of landowners to halt constructi­on of an oil pipeline beyond this week.

The three-member board voted in a brief afternoon meeting against a lengthy stay of constructi­on of the Dakota Access pipeline on parcels of 14 landowners while a court considers a lawsuit they’ve filed.

The suit challenges the board’s authority to allow eminent domain for a privately owned pipeline project.

The board concluded landowners have little likelihood of success in their court case and that Dakota Access would be financiall­y harmed by constructi­on delays, Chairwoman Geri Huser said.

Also Thursday, constructi­on on the pipeline at a site in southern North Dakota near the Standing Rock Sioux’s reservatio­n had not yet resumed. About 300 people are still camped out in opposition to the $3.8 billion pipeline, which will pass through Iowa, Illinois, North Dakota and South Dakota.

Dakota Access, a subsidiary of Dallas-based operator Energy Transfer Partners, agreed last week to halt constructi­on near the reservatio­n until a hearing Wednesday in federal court. The judge said he’d rule by Sept. 9 on a request by the tribe to stop constructi­on near their reservatio­n, which straddles the North Dakota-South Dakota border. As of midday Thursday, constructi­on had not resumed.

ETP didn’t immediatel­y respond to requests for comment from The Associated Press regarding when constructi­on could restart.

The Iowa landowners plan to appeal the board’s action to district court, and hope to delay constructi­on until a court can hear their legal challenge to the project. An order the board issued Wednesday preventing Dakota Access from doing work on the 14 parcels until Monday remains in place.

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