Landowner and County Leader Guide To Carbon Pipeline Risks

LANDOWNER &
COUNTY LEADER GUIDE

TO
CARBON
PIPELINE
RISKS
BoldNebraska.org
NebraskaEasement.org
Bold Nebraska and the Nebraska Easement Action Team
support landowners’ property rights and work against projects
that risk our water and our way of life.
Carbon pipelines are a major new risk for the Midwest. The
Nebraska Public Service Commission is not reviewing the route
of these proposed pipelines, leaving landowners and counties
to manage all of the risks associated with these major projects.
Our state is unprepared for the thousands of miles of pipelines
that are being proposed. It is our hope that counties will pass
strong pipeline zoning ordinances, and our state legislature will
enact eminent domain and pipeline reforms around decommis-
sioning and other areas within their jurisdiction.
Contact Us:
For landowner questions:
Tom Genung (landowner organizer)
402-984-7548, [email protected]
Shelli Meyer (landowner organizer)
For county officials and zoning /

legal questions:
Paul Blackburn (attorney & pipeline expert)
For general questions & media:

Jane Kleeb
In this guide:
4 Proposed NE Pipeline Routes
5 Top 8 Reasons to Oppose Risky Carbon

Pipelines
10 The Gassing of Satartia (excerpt)
14 Carbon Dioxide Pipelines: Dangerous and

Under-Regulated
20 PHMSA Investigation Report: 2020 CO2

Pipeline Leak In Satartia, MS
24 Welcome to the 45Q Tax Credit

Piggie Farm!
28 About Nebraska Easement Action Team /

Landowner FAQ
36 How to Contact Your County Board

About the Pipeline
40 Model Nebraska County Ordinances for

Regulation of Carbon Dioxide Pipelines
Proposed NE Pipeline Routes
Hughes Brown
Haakon
Buffalo Jerauld
Sanborn Miner Lake Moody Pipestone Murray Cottonwood
Jones
Lyman
Minnesota
Heartland
Jackson Brule Aurora
Davison Hanson McCook Minnehaha Rock Nobles Jackson
Mellette South Dakota

Tripp
Douglas
Hutchinson Turner
Lyon Osceola Dickinson Emmet Greenway System
Lincoln
Bennett Todd Gregory Charles
CO2 Pipeline (green)
Sioux O'Brien Clay Palo Alto
118.6 miles in NE
Bon Yankton
Boyd Clay Union
Keya Paha
Plymouth Cherokee Buena VistaPocahontas
Knox Cedar
Cherry
Dixon Calhoun
Brown Holt
Rock
Dakota Woodbury Ida Sac
Iowa
Pierce
Wayne
Antelope Thurston
Carroll
Monona Crawford
ant Hooker Thomas Blaine Loup Garfield Wheeler Madison Stanton Cuming
Burt
Audubon
Boone Harrison Shelby
rthur McPherson Logan Valley Greeley Colfax Dodge Wa

Nebraska
Platte shin
g ton
Custer Nance
Pottawattamie Cass
Douglas
Sherman Howard Butler Saunders
Keith Polk
Merrick
Sarpy
Lincoln Mills Montgomery Adams
Hamilton Cass
Dawson Buffalo Hall York Seward
Perkins Lancaster
Fremont Page Taylor
Otoe
Hayes Frontier Gosper Phelps Adams Clay Fillmore Saline

Trailblazer
Nod
Kearney
Atchison
a wa
Chase Johnson Nemaha
y
Gage
Missouri Remaining (purple) + To Be
Hitchcock Red Willow Furnas Harlan Franklin Webster Nuckolls Thayer Jefferson
Pawnee Richardson
Abandoned In-Place (blue)
Andre
Dundy Holt
Natural Gas Service Pipelines
w
µ
Rockies Express Pipeline (red)
Buchanan
New Gas Laterals (green)

Kansas
Pl
at
te
Nebraska
North Dakota
Minnesota Michigan
South Dakota Wisconsin
Heartland Greenway System
Michigan
O
Length in State:
g
Iowa
Siouxland
Nebraska
118.36 miles Energy
Cooperative
_
^
na
Illinois
India
Colorado
Kansas Tennessee Parcels in State:
Missouri
cky
Boyd 0 100200 400 600 800 Little
Keya Paha Sioux Corn
w Mexico
Texas
Oklahoma Arkansas
Kentu Miles Processors
_
^
Green Plains
Inc. (Atkinson) Knox
_
^ Plymouth
Energy LLC Summit Carbon
Solutions
Cedar
Proposed 6"
Cherry
_
^ Pipeline
Husker Ag LLC
Dixon
Brown Rock Dakota
Holt _
^ CO2 Pipeline (blue)
Pierce Louis
Proposed 6"
Dreyfus -
Pipeline Antelope Norfolk
Wayne
Thurston
Proposed 12"
Pipeline 318.79 miles in NE
Proposed 6"
Pipeline
_
^ Proposed 10"
Pipeline
Blaine Loup Garfield Wheeler Madison Stanton Cuming
Burt
Boone
Proposed 10"
Pipeline
Logan Valley Greeley Platte Colfax Dodge Washington
Proposed 8"
Pipeline
Custer Nance
Douglas
Green Plains Inc.
Sherman Howard (Central City)
Butler Saunders
Polk
Proposed 6" Merrick
Pipeline
Green Plains
_
^ Green Plains
Sarpy
Lincoln Inc. (York)
Inc. (Wood
River) Proposed 4"
Cass
Dawson Buffalo
Pipeline
_
^ Seward
_
^
Hall Hamilton York
Lancaster
Otoe
Frontier Gosper Phelps Kearney Adams Clay Fillmore Saline
Johnson Nemaha
Nebraska Pipeline
_
^ Participating Ethanol Plant State Boundary
318.79 MILES Mileage Overview
OF ANTICIPATED BoldNebraska.org
Route County Boundary COU NTY: MULTIPLE DRAWN BY: CNH
STATE: NEBRASKA CHECKED BY:
Highly Populated Areas

PIPELINE ROUTES IN NEBRASKA
REV. N O.: REVISION DATE
0 ISSUED FOR REVIEW 2022-01-10
4
PRELIMINARY ROUTE
SUBJECT TO CHANGE
Pipeline centerline is based on the 07/27/2022 route.
0 4.75 9.5 19 28.5 38
Miles
DATE: 7/28/2022 PROJECTION: NAD 83 DWG: SHEET: 1

Video still showing a “controlled” intentional rupture
of a buried, 8-inch CO2 pipeline at a facility in
Norway (Det Norske Veritas), with a shockingly
intense and large plume of CO2 rapidly dispersed
throughout a wide surrounding area.
Top 8 Reasons to Oppose

Risky Carbon Pipelines
Lack of
1 Safety
In the event of a carbon pipeline rupture or leak, an explosive
plume of CO2 gas can emerge, odorless and colorless, an
asphyxiant that can suffocate all living beings, and prevent
combustion vehicles like cars from starting to enable an
escape to safety.
At concentrations between 2-10%, CO2 can cause nausea, dizziness,
headache, mental confusion, increased blood pressure and respiratory rate.
Above 8%, nausea and vomiting appear. Above 10%, suffocation and death can
occur within minutes. Contact with the cold gas can cause freezing of exposed
tissue. Moisture in the air can lead to formation of carbonic acid that can irritate
the eyes. CO2 is heavier than air and will accumulate in low lying areas.
5
Eminent
2 Domain
Abuse
Landowners who have valid concerns may have no say whether
a carbon pipeline company can build through their property.
Concerns for their families’ safety; and impacts on their livelihoods, both from a
pipeline explosion, and damages to crops, topsoil lands and waterways during
construction and decades of maintenance. With almost zero regulation on
the books for these new carbon pipelines, the final negotiations and the most
potentially impactful might end up being directly between these corporations
and landowners, who are facing down eminent domain condemnation of their
property if they refuse to sign an easement.
All pipeline builders claim early in the process that they desire to “work with
landowners” — including these proposed carbon pipelines — but ultimately this
is all part of their ploy, as the threat of taking you to court to simply take your
land via eminent domain always lurks during any easement “negotiations.”
Damage to
3 Topsoil &
Crop Losses
Based on the experience with Dakota Access, the fertility
of cropland can be adversely impacted for several (or perhaps
many) years.
A 2021 Iowa State University study found “extensive soil disturbance from
construction activities had adverse effects on soil physical properties, which
come from mixing of topsoil and subsoil, as well as soil compaction from heavy
machinery.” “Overall, in the first two years, we found the construction caused
severe subsoil compaction, impaired soil physical structure that can discourage
root growth and reduce water infiltration in the right-of-way,” said the lead
soil physicist on the project. “They also found changes in available soil water
and nutrients. The team found crop yields in the right-of-way were reduced
by an average of 25% for soybeans and 15% for corn during the first and
second crop seasons, compared to undisturbed fields.”
Top 8 Reasons to Oppose Risky Carbon Pipelines BoldNebraska.org
6
No Regulations
4 for Carbon
Pipelines
Unlike for oil and gas pipelines (for which statutory landowner
protections are also inadequate), it appears that under the
current regulatory structure in Nebraska, zero regulation exists
for carbon pipelines.
This means these carbon pipeline companies do not have to apply for any
route permit required by the Nebraska Public Service Commission, or under
go the usual months-long hearing process and review before seeking to
use eminent domain to take land for their projects. With no state or federal
oversight of carbon pipelines in Nebraska, decisions on whether to allow
construction could be left up to County Boards, made in all-backroom deals
happening now, where landowners and impacted community members have
zero input — no required public hearings, or opportunities for public comment
on the record. The final negotiation and the most potentially impactful will be
between corporations and landowners, who are facing down eminent domain
condemnation of their property if they refuse to sign an easement.
Carbon Capture
5 Doesn’t Work
The “carbon capture” boondoggle enables Big Oil & Gas (and
even coal) to keep drilling, burning, and increasing emissions,
while failing as a technology to actually help reduce emissions
and the impacts of climate change.
Despite extensive support, of projects that seek to commercialize carbon
capture and sequestration technology, 80 percent have ended in failure.
A recent review of relevant research shows that due to the large amount
of energy required to power carbon capture and the life cycle of fossil
fuels, carbon capture in this country has actually put more CO2 into the
atmosphere than it has removed.
7
Enhanced Oil
6 Recovery?
In CCUS = the “U” stands for “utilization,” meaning the the
fossil fuel industry “utilizes” the captured CO2 to help frack for
more oil in a process called “enhanced oil recovery.” How is
this a “climate solution” if the captured CO2 is being used to
drill for more oil?
Which will lead to more burning, and more emissions? If climate change is an
emergency, policymakers ought to treat it that way. It cannot be enough to
slowly induce oil and gas companies to shift to more carbon-friendly practices,
taking care not to unduly startle them. They must be jolted.
It’s a
7 Boondoggle,
a Tax Scam
The U.S. Federal Tax credit program necessary to prop up
carbon capture & storage technology is a scam.
“It is important to note that the credits under 45Q have a poor track record:
A recent investigation by the U.S. Treasury Inspector General for Tax
Administration and commissioned by Senator Menendez found that 87% of
tax credits awarded under 45Q were claimed improperly, without complying
with the Environmental Protection Agencies monitoring, verification, and
reporting requirements. It is unclear whether the companies claiming to store
carbon are even doing so.”
Of nearly $1 billion in carbon-capture tax credits sought through 2019, $893

million was submitted in ways that didn’t meet EPA rules.
It’s estimated that these carbon pipelines could each seek and obtain at
least $600 million per year in federal subsidies from the federal 45Q tax
credit alone.
Top 8 Reasons to Oppose Risky Carbon Pipelines BoldNebraska.org
8
A CO2 gas pipeline in
Satartia, Mississippi.
Rory Doyle for HuffPost Take Action
BoldNebraska.org
Landowners:
8 All Risk,
No Reward
Carbon capture and storage and the vast network of new
pipelines that would be required for this sham technology’s full
implementation is once again seeing fossil fuel corporations,
Big Oil & Gas, asking farmers & ranchers to shoulder a new
risk and burden — just to help them clean up their own mess.
The only people making money on the carbon capture and pipeline scheme
are the pipeline builders seeking federal tax credits, and the fossil fuel industry
that gets one more lease on life to keep drilling, burning and increasing
emissions. Meanwhile, landowners generally receive a measly one-time
payment from pipeline companies to build an oil or gas (or carbon) pipeline on
their land, while landowners with wind turbines or solar panels cited on their
property are commonly paid annually in revenue-sharing agreements.
9
CO2 pipeline rupture in Satartia in July.
Yazoo County Emergency Management
Agency/Rory Doyle for HuffPost
“The Gassing of Satartia”

(excerpt)
By Dan Zegart, Huffington Post, August 26, 2021
It was just after 7 p.m. when residents of Satartia, vehicles. Cars just shut off, since they need oxygen
Mississippi, started smelling rotten eggs. Then a to burn fuel. Drivers scrambled out of their para-
greenish cloud rolled across Route 433 and settled lyzed vehicles, but were so disoriented that they
into the valley surrounding the little town. Within just wandered around in the dark.
minutes, people were inside the cloud, gasping for
air, nauseated and dazed. The first call to Yazoo County Emergency Manage-
ment Agency came at 7:13 p.m. on February 22, 2020.
Some two dozen individuals were overcome within
a few minutes, collapsing in their homes; at a “CALLER ADVISED A FOUL SMELL AND GREEN
fishing camp on the nearby Yazoo River; in their FOG ACROSS THE HIGHWAY,” read the message
BoldNebraska.org
10
that dispatchers sent to cell phones and radios of “It was bad enough that I thought my mama wouldn’t
all county emergency personnel two minutes later. make it, and she still has trouble breathing,” said
Army veteran Hugh Martin, who fled Satartia in a
First responders mobilized almost immediately, pickup truck with his 78-year-old mother as he strug-
even though they still weren’t sure exactly what gled to remain conscious. “She never had asthma or
the emergency was. Maybe it was a leak from one COPD, now she’s on inhalers full time.”
of several nearby natural gas pipelines, or chlorine
from the water tank. Even months later, the town’s residents reported
mental fogginess, lung dysfunction, chronic fatigue
The first thought, however, was not the carbon and stomach disorders. They said they have trou-
dioxide pipeline that runs through the hills above ble sleeping, afraid it could happen again.
town, less than half a mile away. Denbury Inc,
then known as Denbury Resources, operates a Even months later, the
network of CO2 pipelines in the Gulf Coast area
that inject the gas into oil fields to force out more town’s residents report-
petroleum. While ambient CO2 is odorless, col-
orless and heavier than air, the industrial CO2 in ed mental fogginess, lung
Denbury’s pipeline has been compressed into a dysfunction, chronic fa-
liquid, which is pumped through pipelines under
high pressure. A rupture in this kind of pipeline tigue and stomach disor-
sends CO2 gushing out in a dense, powdery
white cloud that sinks to the ground and is cold ders. They said they have
enough to make steel so brittle it can be smashed trouble sleeping, afraid it
with a sledgehammer.
could happen again.
Even Durward Pettis, a contract welder for Den-
bury and chief of the local Tri-Community Volun-
This story is the result of a 19-month HuffPost/Cli-
teer Fire Department, didn’t figure out that the
mate Investigations Center investigation into the
mystery fog was CO2 for a full 15 minutes. He’d
Satartia pipeline rupture, and the safety of CO2 pipe-
directed first responders to set up three road-
lines. It is based on interviews with more than 60
blocks to prevent traffic from entering the area. But
witnesses, victims, first responders, lawyers, medical
it wasn’t until 7:30 p.m. that word went out that
and toxicological experts, pipeline and petroleum
they’d need self-contained breathing apparatus, or experts, and public health officials; and a review of
SCBA, to enter Satartia and evacuate the town’s medical records, police and fire reports, 911 record-
42 residents, many of them elderly, and about 250 ings, emergency dispatch logs, internal documents
others who lived just outside town. By then, rescu- from the Mississippi Emergency Management
ers and residents were already in motion, fleeing Agency and the state Department of Environmental
the gas or evacuating others. Quality, as well as federal pipeline incident reports.
Even once Pettis figured it out, none of the sheriffs’ Meanwhile, the federal government is taking the
deputies and volunteer firefighters had any emer- first steps to vastly increase the size of the nation’s
gency training in CO2 leaks. Neither did staff at carbon dioxide pipeline network as a way of fight-
two area hospitals, which had detrimental conse- ing climate change. Our investigation reveals that
quences for gas victims, according to interviews such pipelines pose threats that few are aware of
with many of the 49 who were hospitalized. and even fewer know how to handle.
11
“We got lucky,” said Yazoo County Emergency terway and passes close to but below the loca-
Management Agency director Jack Willingham, tion of the pipe rupture. They were almost at his
who oversaw the rescue effort. “If the wind blew mother’s house.
the other way, if it’d been later when people were
sleeping, we would have had deaths.” He called his mother’s cellphone at 7:18 p.m. and
told her there had been a gas explosion. “You got
to get out. We’re close, we’re coming to get you,”
A Deadly Gas Burns shouted over the roar of escaping gas.
Carbon dioxide has long been used to euthanize On the other end of the call, 65-year-old Thelma
laboratory rodents and other small animals, a Brown was trying to figure out why her son sound-
practice animal welfare organizations now consid- ed so strange. He was hollering, breathing heavily,
er inhumane due to the suffering the gas inflicts on not making sense. She knew the pipeline he was
the animals. Each year, CO2 accidents kill about talking about; it runs about half a mile from her
100 workers worldwide — often in basements of house. But she hadn’t smelled anything. She heard
restaurants that use CO2-charged systems for her son frantically repeating, “Cut the air! Cut ev-
their bar mixers — or in industrial accidents. erything off! Cut the air!” And then, silence.
Carbon dioxide is an asphyxiant that displac-

She tried calling him back. No answer. She rang
es ambient oxygen, making it more difficult to
the other two men’s cell phones, but got nothing.
breathe. Smaller exposures cause coughing, diz-
ziness and a panicky feeling called “air hunger.”
Inside the car, the three men rolled up the win-
As CO2 concentrations get higher and exposure
dows to keep out whatever it was they were driving
times longer, the gas causes a range of effects
through. Then the engine died.
from unconsciousness to coma to death. Even
at lower levels, CO2 can act as an intoxicant,
“Hunh,” Burns said. “Car shut off.”
impairing cognitive performance and inducing a
confused, drunken-like state…
Minutes later, Thelma’s sister, Linda Garrett, who
lived just down the road, smelled the gas and
called too. Thelma repeated what her sons had
“They Can’t Come Evacuate Y’all” told her before their call dropped. Garrett hung
up with Thelma and called 911, but the dispatcher
DeEmmeris Burns was returning to his moth-
er’s house in Satartia from a fishing trip with his didn’t seem to know about a gas leak.
brother Andrew Burns and cousin Victor Lewis
when they heard an explosion and then a deaf- “Do I need to be getting out of here?” Garrett
ening roar, like a jet engine. The stench of rotten asked. The 911 operator said she’d call her back
eggs filled the car. and let her know.
DeEmmeris Burns immediately thought: pipeline “She can’t breathe. She’s on the floor right now”
explosion. He knew there was one nearby, but
other than its approximate location, knew nothing Garrett noticed her own breathing was becoming
else about it. labored. Then her daughter Lynett Garrett and
14-year-old granddaughter, Makaylan Burns, who
They were driving on Perry Creek Road, a gravel had been out picking up a pizza for dinner, stag-
and dirt country lane that hugs its namesake wa- gered in the door.
The Gassing of Satartia (excerpt) BoldNebraska.org
12
Terry Gann, chief investigator for the Yazoo
County Sheriff’s Department, with the truck
he used to rescue gas victims in Satartia.
Rory Doyle for HuffPost
Read the full story at:
http://bit.ly/satartia
Makaylan seemed to be in full-blown respirato-
ry distress, and Lynett was unable to talk. She
lance. The dispatcher said one would meet them
pounded on the dining room table and panted. outside of town.
“What is it? What’s wrong? What is it?” Garrett and Lynett carried Makaylan out to the car.
Garrett shouted. Garrett had a bad back and both adults were hav-
ing trouble breathing, but they managed to get the
Makaylan dropped to the floor, unconscious. Gar- teenager into the back seat, still unconscious.
rett tried 911 again. This time the operator acknowl-
edged that there was a gas leak. Lynett drove and Garrett stayed on the phone
with 911 as the operator told them the best route
“They have shut the highway down because of out of town. But after a few minutes, Garrett’s
it. They’re not letting anyone in, they can’t come breath “just cut out.” “We ain’t going to make
evacuate y’all,” she said. it,’’ she said, before she blacked out. Lynett
drove to where they were supposed to meet the
Garrett was afraid if they left the house, all three ambulance, but it didn’t show up, and she had to
of them would pass out. She insisted on an ambu- drive to the hospital…
13
Carbon Dioxide
Pipelines: Dangerous
and Under-Regulated
Pipeline Safety Trust
BoldNebraska.org
14
CO2 Pipelines – Dangerous and Under-Regulated
March 30, 2022
Media Contact:
Kenneth Clarkson
Communications & Outreach Director
[email protected]
360-543-5686 x.104
The Pipeline Safety Trust (PST) commissioned a report on the regulatory shortfalls of CO2
pipelines. We have prepared this backgrounder to accompany the report to provide context
and highlight its major findings. This report points to large, glaring regulatory shortfalls and
analyzes a regulatory framework that does not address the significant safety risks CO 2 pipelines
pose to the public.
PST commissioned the report in response to the flurry of multibillion-dollar CO2 pipeline
proposals put forward, driven by expanded tax credit incentives provided by the 2021
bipartisan infrastructure bill.
The Pipeline Safety Trust believes existing federal regulations do not allow for the safe
transportation of CO2 via pipelines and calls on the Pipeline Hazardous Materials and Safety
Administration (PHMSA) to update its regulations of CO 2 pipelines as quickly as possible.
Carbon dioxide has different physical properties from products typically moved in hazardous
hydrocarbon liquid or natural gas transmission pipelines. Those differences pose unique safety
hazards and greatly increase the possible affected area or potential impact radius upon a
pipeline release that would endanger the public. CO2 pipeline ruptures can impact areas
measured in miles, not feet. The way regulations currently consider and mitigate for the risks
posed by hydrocarbon pipelines in communities are neither appropriate nor sufficient for CO2
pipelines.
300 N. Commercial St., Suite B, Bellingham, WA 98225 360-543-5686 www.pstrust.org
15
CO2 is a potentially lethal asphyxiant. When released from a pipeline, CO2 will be heavier than air
and high-rate releases will form clouds of cold dense gas fog. Upon warming, CO2 plumes flow
considerable distances from the pipeline unobserved, traveling over terrain, displacing oxygen
while settling or filling in low areas. Oxygen displacement by CO2 gas can cause asphyxiation and
lead to death. Oxygen displacement also starves equipment that burns fuel causing it to shut off,
potentially including first responder equipment, evacuating cars caught in the expanding release
plume, and pilot lights on gas fired equipment.
PHMSA currently exercises no jurisdiction over pipelines transporting CO2 as a gas or liquid, and
only regulates CO2 pipelines with a concentration of more than 90% carbon dioxide compressed
to a supercritical state, rendering any pipeline moving CO2 in any other state or with less than
90% purity entirely unregulated by the federal pipeline safety agency. There are other large
regulatory gaps around siting, fracture mitigation, determining potential impact areas, use of
odorant, emergency response, and contaminants.
Federal pipeline safety regulations do not adequately address the risk a major CO 2 pipeline
buildout poses to the public.
A Brief History of CO2 Pipelines in the United States

CO2 Pipelines – A Significant Safety Hazard
• In 1988, Congress required the Department of Transportation to regulate carbon dioxide
transported by pipeline facilities. The impetus for this directive was a 1986 natural
carbon dioxide release event in Lake Nyos, Cameroon. The release spanned many miles
and killed over 1,700 people.
• On July 12, 1992, a final rule was promulgated that modified existing federal minimum
pipeline safety regulations for hazardous liquid pipelines to address certain pipelines
transporting CO2 and narrowly defined CO2 as follows: “Carbon Dioxide means a fluid
consisting of more than 90% carbon dioxide molecules compressed to a supercritical
state.”
The U.S. has the most CO 2 Pipelines in the world

• There are approximately 5,150 miles of CO2 pipelines operating in the U.S. These pipelines
are regulated and reported to PHMSA.
• The vast majority, if not all, of these existing CO2 pipelines are driven by the use of CO2
for enhanced oil recovery (EOR) – increasing oil production utilizing CO2 in a supercritical
state. The nature of CO2 utilization for EOR requires pipeline injection into oil fields as a
supercritical fluid.
Carbon Dioxide Pipelines: Dangerous and Under-Regulated BoldNebraska.org
16
• Carbon Capture and Sequestration (CCS) efforts are driven by an entirely different
purpose and the transmission by pipeline of CO2 for CCS can take different forms. Current
federal safety regulations for CO2 pipelines are incomplete, inadequate and place the
public at great risk.
Three States of Transmission (Supercritical, Liquid, Gas)

Supercritical
• A supercritical fluid is a state with some properties of a gas and some properties of a
liquid.
• A CO2 pipeline carrying a supercritical state fluid can be more prone to running ductile
fractures than hazardous liquid hydrocarbons pipelines or natural gas pipelines.
• A ductile fracture can destroy many miles of pipeline. Think of it as a zipper opening up
and running down a significant length of the pipe following a rupture. Along with
releasing massive amounts of CO2 upon failure, these extreme ruptures can also hurl large
sections of pipe, expel pipe shrapnel, and generate enormous craters.
• Federal regulations addressing supercritical CO2 pipelines must be amended to require

operators to prevent and mitigate the effects of fracture propagation.
Liquid
• Transporting CO2 as a liquid usually requires cooling to slightly below ambient
temperatures to assure the pipeline operates in one phase, a liquid. However, it is
important that the pipeline stay well above the carbon steel brittle temperature transition
point of approximately - 20 °F to avoid the threat of a catastrophic rupture.
• However, the liquid operation and lower temperature and pressure work to reduce the
potential for pipeline fracture propagation inherent with super critical or gas pipelines.
Gas
• Situations may exist where existing liquid or larger diameter natural gas pipelines could
be “repurposed” into CO2 gas service.
• Such pipeline conversions would be at much greater risk of failure from CO2 service than
conventional hydrocarbons or new construction CO2 pipelines due to higher pressure and
unique fracture propagation.
Impurities in CO2 Pipelines

• Two impurities that could be found in CO2 pipelines pose significant dangers to pipelines
and the public: water and hydrogen sulfide (H2S).
17
• The settlement of free water encourages the formation of carbonic acid in the pipeline,
an acid that is incredibly corrosive to carbon steel. Given the rapidity and
unpredictability with which carbonic acid can attack pipelines, it is critical that PHMSA
enact regulations prescribing limits on water quantities in CO 2 pipelines.
• Hydrogen sulfide, or H2S, is mentioned here because of a supercritical state CO2 pipeline
rupture failure in Satartia, Mississippi in early 2020. First responders reported seeing a
“green cloud” from the pipeline release, which is a possible indication of high levels of
H2S. The Center for Disease Control has stated that H2S levels of 300 ppm or higher are
“immediately dangerous to life or health.”
Solutions for Advancing Safety in Federal Regulation of CO2 Pipelines

PHMSA needs to update the definition of carbon dioxide in the regulations
• Federal regulations need to be modified to assure federal standards apply to all CO 2

transmission pipelines that transport CO2, including all supercritical, gas, and liquid CO2
transmission pipelines.
PHMSA needs to identify the potential impact areas for CO 2 pipeline ruptures
• The unique, and potentially very large impact areas for CO 2 pipeline ruptures need to be
developed, defined, and promulgated into pipeline regulations. These areas are likely to
be substantially larger than for hydrocarbon pipelines of similar diameter. Once we
know how to determine the potential impact areas, that information must be used to
inform regulations on routing and siting, emergency response requirements, and more.
Specific CO2 pipeline federal regulations should not be based solely on industry
Recommended Practices
• Changes in the CO2 pipeline safety regulation are needed and should be prescribed to
avoid misinterpretation or misuse. Recent efforts by many in the industry to rely on
more performance-based standards, even those incorporated by reference, have proven
ineffective.
PHMSA needs to specifically identify how to incorporate fracture propagation protection on

CO2 transmission pipelines
• Regulations should specifically prescribe pipeline design methods to prevent and arrest
CO2 fracture propagation.
PHMSA needs to mandate the use of odorant injection into CO 2 transmission pipelines
Carbon Dioxide Pipelines: Dangerous and Under-Regulated BoldNebraska.org
18
• Given the inability to detect or observe a CO2 pipeline release, it is time to require the
use of odorant injection in such pipelines to assist the public, first responders, and
pipeline operator employees in identifying dangerous releases.
PHMSA needs to require CO2 pipeline operators to update their procedural manuals related
to local emergency response coordination
• The major differences and unique properties of CO2 compared to hydrocarbons require
that pipeline operators improve the sections of their federally mandated operation,
maintenance, and emergencies procedural manuals for emergency response to CO 2
pipeline ruptures.
PHMSA needs to establish regulations setting specific maximum contaminant impurities for
CO2 pipelines
• PHMSA needs to prescribe the maximum concentration of water, H2S, and other
impurities allowed in CO2 pipelines.
PHMSA needs to strengthen federal regulations for conversion of existing pipelines to CO2
pipeline service
• The general guidance of PHMSA’s 2014 advisory bulletin is not adequate for mitigating
the risks posed by conversion of existing hydrocarbon pipelines to CO2 pipelines. PHMSA
needs to issue regulations appropriate to the serious risks that could result from
repurposing a pipeline for CO2 service.
Resources – (Experts & Important Media)

• Rick Kuprewicz, president, Accufacts Inc. – Pipeline Engineering –
[email protected]
• Paul Blackburn, attorney, Bold Alliance – Pipeline Permitting and Regulations –
[email protected]
• Bill Caram, executive director, Pipeline Safety Trust – Safety Regulations –
[email protected]
• Article – The Gassing of Satartia

• Video – 8” CO2 Pipeline Test Rupture
• Report - Congressional Research Service Report on CO2 Pipeline Policy Issues 2009
• Research Paper – CO2 Pipeline Material and Safety Considerations
19
PHMSA
Investigation Report:
2020 CO2 Pipeline Leak
in Satartia, MS
BoldNebraska.org
20
FOR IMMEDIATE RELEASE
For more information contact:
Kenneth Clarkson
Communications & Outreach Director
[email protected]
360-543-5686 x104
DEPARTMENT OF TRANSPORTATION’s PHMSA RELEASES INVESTIGATION INTO

DISASTROUS 2020 CO2 PIPELINE LEAK IN SATARTIA, MISSISSIPPI
PHMSA Fines Denbury Gulf Coast Pipeline LLC Nearly $4,000,000, Initiates a New Rulemaking
to Update Safety Standards for CO2 Pipelines, and Publishes Advisory Bulletin Warning All
Pipeline Companies About Pipeline Integrity Risks Associated with Climate Change
BELLINGHAM, Washington [May 26, 2022] – The Department of Transportation’s Pipeline and
Hazardous Materials Safety Administration (PHMSA) took large steps today to increase its
safety oversight of CO2 pipelines by initiating a new rulemaking to update standards for CO2
pipelines, releasing an investigation report on the 2020 Denbury CO2 pipeline failure in Satartia,
MS, issuing a near $4,000,000 fine against Denbury for non-compliance associated with that
failure, and issuing a nationwide advisory bulletin on the emerging threat of geohazards.
Denbury Gulf Coast Pipeline CO2 Pipeline Failure Investigation Report
PHMSA released a long-anticipated investigatory report detailing the multitude of failures

Denbury Gulf Coast Pipeline LLC committed when its 24-inch Delhi Pipeline ruptured in Satartia,
MS on Feb. 22, 2020 causing the entire town to be evacuated and sending 45 people to the
hospital.
Denbury’s initial estimate of 222 barrels of CO2 released by the pipeline was dwarfed by the
actual amount that descended over the rural Mississippi community in the form of a green
cloud. In the report, PHMSA concluded that the Delhi pipeline released 31,405 barrels CO2, a
known asphyxiant. In some initial assessments, PHMSA determined that CO2 concentrations
1812 Cornwall Ave., Suite 200, Bellingham, WA 98225 360-543-5686 www.pstrust.org
21
ranged as high as 28,000 ppm, far beyond the established Occupational Safety and Health
Administration (OSHA) permissible exposure limit of 5,000 ppm. The 45 community members
sent to the hospital had various symptoms and effects related to CO2 poisoning.
Under the current PHMSA reporting requirements for hazardous liquid pipelines, the 45 people
who went to the hospital were not classified as injuries on incident reports. Pipeline Safety
Trust Executive Director Bill Caram said this is a major reason why this disaster stayed under-
the-radar for so long.
“The hazardous liquid pipeline regulations state that a victim needs to be an overnight patient
to count as an injury,” Caram said. “But in the case of Satartia, previous reports have stated
that hospitals pushed them out that night, though many had to return in the morning for
further treatment.”
Caram added, “As listed, the incident data reads zero injuries and does not accurately tell the
story of how harrowing this was for the Satartia community.” Caram noted that he understands
there are still people experiencing health issues as a result of their CO2 exposure.
The report also details the insufficient modelling Denbury conducted that failed to show the
community of Satartia could be impacted by a pipeline failure. PHMSA also explains how
Denbury was aware of the CO2 release into the Satartia area and failed to notify emergency
responders who were struggling to identify the nature of the risk they were dealing with and
which mitigative actions to take.
Denbury Gulf Coast Pipeline Probable Violations of Federal Regulations
PHMSA also issued a Notice of Probable Violation and a Proposed Civil Penalty of $3,866,734.
The notice revealed several contributing factors to the accident and the fallout, all of which
were preventable by Denbury.
According to PHMSA, Denbury did not address the risks of geohazards to its pipeline system,
they underestimated the potential affected areas that could be impacted by a release in its CO2
dispersion model, and they did not notify local responders to advise them of a potential failure.
All told, PHMSA identified eight areas of non-compliance.
Advisory Bulletin Regarding Land-Movement
Following periods of intense rains, which resulted in a landslide, Denbury’s Delhi Pipeline
experienced a heavy amount of strain causing a girth weld on the pipeline to rupture. Due to
this complication, PHMSA has issued an advisory bulletin to all pipeline operators highlighting
the immediate need to plan for land movement and geohazard threats to pipeline integrity.
Denbury representatives have told PHMSA, that on the Delhi pipeline route, they experience
two to three issues per year involving land movement.
Investigation Report: 2020 CO2 Pipeline Leak in Satartia, MS BoldNebraska.org
22
“Given the seeming rise in extreme weather contributions to pipeline failures in the era of
climate change, operators need to spend more resources on tracking geohazards such as land
movement and the threats they pose to their pipelines,” Caram said.
New CO2 Pipeline Safety Regulations
PHMSA also announced the initiation of a new rulemaking to update standards for CO2
pipelines. Caram said the Pipeline Safety Trust applauds PHMSA for starting the process to
adopt new regulations for CO2 pipelines.
“As Denbury’s failure in Satartia, MS demonstrates, CO2 releases can be incredibly hazardous to
our communities,” Caram said. “We released a report earlier this year identifying terrifyingly
large regulatory gaps and we hope and expect PHMSA will address each of those with new
regulations. The list of proposed new CO2 pipeline projects seems to grow every week, which
makes it all the more important to modernize our safety regulations immediately. It is
encouraging that PHMSA recognizes the risks and regulatory gaps and is taking steps to protect
our communities.”
About Pipeline Safety Trust: The Pipeline Safety Trust is a nonprofit public watchdog promoting
pipeline safety through education and advocacy by increasing access to information, and by
building partnerships with residents, safety advocates, government and industry, that result in
safer communities and a healthier environment.
###
23
Image: Flickr user pasukaru76
Welcome to the 45Q

Tax Credit Piggie Farm!
By Paul Blackburn, BOLD Alliance, May 24, 2022
This post is the first in a series that tours the behind the proposed carbon pipelines, it’s import-
45Q carbon capture and storage tax credit hog ant to understand.
farm! The other installments may be read at
PipelineFighters.org. Your tour will explore the tax credit farm in what
I hope are a series of manageable blog posts,
No doubt, you’re all dying to meet the piggies who because it’s hard to endure the stench of the place.
are lining up at the federal 45Q tax credit trough, So, hold your nose and follow me!
and to learn how Congress is planning to slop their
trough with billions in federal tax credits to help First, let’s make sure everyone understands what a
fatten them up (even more). Since the 45Q tax tax credit is. We all pay taxes, right? Well, no. There
credit is perhaps the primary driving financial force are no and low-income people who don’t pay
BoldNebraska.org
24
income taxes (though they do pay sales and many of trash picked up along roadways. That way, the
other types of taxes amounting to a high propor- county’s budget would not increase, but its tax
tion of any income they might have), because revenue would decrease.
either they don’t have any income or they need to
keep every cent they earn just to survive. There are With a tax credit of 10 cents per pound of trash,
also very rich people who pay no taxes, or pay very a property taxpayer would be given 10 cents off
low taxes relative to their incomes. How do they their taxes for every pound of trash picked up.
get away with this? One way is by snarfing up tax 1,000 pounds of trash (a heaping pickup full) would
credits. equal a $100 tax credit. At this low rate, probably
no property tax payers would pick up trash. Too
much work for too little tax benefit. But, what if
A tax credit is an amount the tax credit was $1 per pound? Picking up 1,000
pounds would reduce a property tax bill by $1,000
of money that a taxpayer dollars. Some folks might do that, especially if they
can subtract directly from knew about a big pile of trash near their home
and had a truck. What if the tax credit was $10 per
the amount of tax owed. pound? Then, picking up a thousand pounds of
trash would create a $10,000 tax credit. At this rate,
Unlike deductions, which probably a bunch of people would pick up trash.
lower the amount of tax- Just to make the point, what about a $100 per
pound tax credit where a pickup full of trash would
able income, tax credits be worth $100,000? Pretty much everybody would
be out in the ditches scratching for trash, and may-
reduce the actual amount be even littering on purpose just so they could pick
of tax owed. it up. And, the county’s tax revenue might disap-
pear entirely.
Let’s assume that a corporation earned $1 million One problem with tax credits is that by being over-
in income and owed $210,000 in taxes (the theo- ly generous they can create a goldrush mentality
retical 21% corporate tax rate). If it had $200,000 in and end up wasting tax dollars, because it would
tax credits, it could subtract this amount from its have been cheaper just to accomplish the policy
taxes owed and pay just $10,000 in tax, or 1% of its goal through direct payments.
income.
Tax credits can have other problems, too. Let’s say
There are many types of tax credits. Their public the county’s tax credit rules said that only individ-
purpose is to encourage taxpayers to do things uals with a garbage truck and a license to pick up
that the government wants them to do but without trash could get the tax credit, and that the trash
paying them directly. Let’s say that a county gov- must be weighed at the dump so that everything
ernment had a problem with litter along roadways looks on the up and up. But, it just so happens that
and wanted to clean it up. It could pay someone to the only person in the county with a license and a
do this, but doing so would require that the county garbage truck is the richest guy in the county, and
set aside money in its budget and then hire trash he also owns lots of farm land, and is a big polit-
picker uppers, and many politicians are opposed ical campaign contributor. Moreover, he lets his
to increasing government budgets and hiring trash trucks drive around open and a lot of trash
more staff. One way around government budget blows into the ditches, so his trash company is the
concerns is to provide a tax credit for every pound cause of the litter problem in the first place. Oh,
25
and the guy who operates the scale at the dump is amount of CO2 pollution and therefore help slow
his cousin. In this case, the tax credit is likely a tax climate change. But, all of these carbon capture
credit handout to a rich and powerful person. The and storage processes require power and almost
tax credit would help the richest guy in the county all of this power will come from burning fossil fuels
get richer and pay no taxes, help politicians get and emitting CO2. It is critical to take these CCS
political donations, encourage an endless cycle CO2 emissions into account.
of littering and litter removal, and force all the rest
of the taxpayers to pay for the scheme as well as Moreover, the CO2 may be pumped underground
everything else the county government spends for two reasons. The first is to store (sequester)
money on. it, hopefully for thousands of years. The second
is to use the CO2 in a process called enhanced
oil recovery (EOR) that can squeeze very large
The point here is that tax amounts of oil out of old oilfields. This oil would be
turned into fuels such as gasoline and diesel and
credits can be a way to then sold and burned, thereby releasing more CO2
encourage people to take pollution – just the opposite of what the 45Q tax
credit is supposed to accomplish.
useful actions, but they
Tax credits only benefit those who pay taxes and
can also be a form of cor- have very large tax liabilities, so by their nature
ruption, particularly when they are regressive, meaning they help the rich
more than the poor. The 45Q tax credit can only
politicians are too gen- be claimed by large corporations, partnerships,
or very rich individuals, because the minimum
erous, give preference to tax credit clam amount is for 25,000 metric tons
only rich and powerful of CO2 per year. Only industrial facilities emit this
much CO2. Capturing this much CO2 would result
tax payers, encourage ac- in a sequestration tax credit of $1,250,000 per year
and an EOR tax credit of $875,000. Do you know
tions contrary to claimed anybody who pays this much in taxes? I don’t.
policy objectives, or make In theory, the 45Q tax credit could keep CO2 out
it easy to cheat the sys- of our atmosphere, but key questions include:
• How is the 45Q tax credit related to the
tem. The 45Q tax credit rush of pipeline development?
has already drawn allega- • Who will get the tax credits?
tions of cheating. [1] • Is the 45Q tax credit too generous?

• Who measures how much CO2 goes
underground for sequestration and EOR,
The 45Q tax credit gives polluters who emit carbon and how is this verified?
dioxide a tax credit if they capture carbon dioxide
from their smokestacks, turn it into a fluid, trans- • How much of the CO2 will go to EOR?
port it in a pipeline to a well, and then pump it • What would the net CO2 reduction be given
underground, with the idea that this will reduce the the oil that would be pumped out and burned?
Welcome to the 45Q Tax Credit Piggie Farm! BoldNebraska.org
26
Bold Alliance is a network of small but mighty groups
protecting the land and water. Bold Nebraska, one of the
Bold Alliance state affiliates, is a citizen group focused on
• How much money will the oil industry taking actions critical to protecting the Good Life.
earn from using the CO2 for EOR?

• Given Congress’s purported objective
of reducing climate change emissions,
does it make sense to give the oil industry Read More
tax credits for pumping more oil out of
the ground? Read the next installments in this 45Q
• Are there better ways of using tax dollars tax credit series on PipelineFighters.org:
for climate change prevention?
The 45Q Tax Credit Pipeline Goldrush:
Now that we’ve reached the front gate, perhaps Slop Time at the Piggie Trough (6/1/22)
things are starting to smell a bit, so pull on your
muck boots and get ready to wade! Stay en- Meet the 45Q Tax Credit Piggies! (6/8/22)
gaged right here, I publish regular blogs and
Is the IRS Ready to Wrangle the
Bold has monthly webinars to ensure you have
45Q Tax Credit Hogs? (6/20/22)
the information to understand the technical as-
pects of the pipelines, so you are better armed
Will the 45Q Tax Piggies Be Hogtied
to push back at the local level.
by the U.S. EPA? (7/7/22)
27
About Nebraska
Easement Action Team /
Landowner FAQ
BoldNebraska.org
28
WHAT IS N.E.A.T.?
Nebraska Easement Action Team (N.E.A.T.) landowners have engaged Domina Law Group
and Brian Jorde to assist Nebraska landowners with all aspects of the path ahead, from
education and organization to representing landowners in any state proceedings, and for
negotiating standard easement terms, if these proposed carbon projects ever get approved.
For years, Domina Law Group and its lawyers have been representing landowners across the
Midwest and around the County in eminent domain battles and pipeline fights. For the last 12
years, Brian Jorde, trial lawyer and managing partner of Domina Law Group, has worked with
and side-by-side hundreds of landowners in all aspects of property right education, landowner
legal challenges to proposed pipeline projects, and handled hundred of lawsuits and appeals
including constitutional challenges and condemnation litigation.
Most notably, Brian represented over one hundred families in an over decade-long fight against
TransCanada’s proposed Keystone XL tar sands oil pipeline. Due to the efforts of Domina Law
and its over 220 lawsuits and appeals handled, TransCanada, the second largest pipeline
company in the world, finally gave up on the multi-billion-dollar project — and Brian negotiated a
complete release of all easements and a return of his clients’ land to exactly how it was before
TransCanada condemned their property.
Brian and his partner, Dave Domina, helped landowners create the Nebraska Easement Action
Team (NEAT). Everyone working to protect property rights against the KXL pipeline knew
landowners needed their own organization, focused on eminent domain and the terms in the
easement contracts, that complimented all the other organizing that allies like Jane Kleeb and
the Bold Nebraska team were doing across the state. Brian also assisted Wisconsin landowners
in their battle against Enbridge, the largest pipeline company in the world, and after Brian’s
involvement resisting Enbridge’s Wisconsin Public Service Commission application, the pipeline
company re-routed around all of Brian’s clients, the WEAT landowners, and they declared
victory. In addition to working with landowners with NEAT in Nebraska on these proposed
carbon pipelines, Brian and Domina Law are also representing landowners in Iowa through the
Iowa Easement Team (IET).
Beyond these two major landowner resistance efforts, Brian has spoken across the country and
consulted on countless other fights against giant corporations and their eminent domain abuses
teaching lawyers and advocates and landowners how to best organize legal resistance and
mapping out strategies for success.
29
Brian and Dave have been interviewed hundreds of times by local, state, national, and
international news publications for their landowner-related legal work.
NEAT (https://NebraskaEasement.org) partners with groups like Bold Nebraska to engage in

public education. You can see the work Bold is doing on their website at
http://BoldNebraska.org.
What does N.E.A.T. offer landowners who join?

N.E.A.T. will act as a “buffer” between landowners and CO2 Pipelines when the company
approaches them, by taking CO2 Pipeline’s calls, etc.
Once you have told CO2 Pipelines that you belong to NEAT and that you are represented by
Brian Jorde and Domina Law, they cannot contact you any further and all communications
should be sent the NEAT legal team at Domina Law so that you do not have to worry about
further harassing phone calls or visits.
Domina Law will represent all NEAT affected landowners in any Nebraska state legal
proceedings involving both Summit and Navigator. This means that you will have legal
representation every step of the way to put your best case forward and make your voices heard.
Representation here is designed to best protect your land by resisting these projects that seek
to go on, under, and through your property.
NEAT will keep landowners abreast regarding if, and when, it may eventually be necessary to
negotiate with Summit and/or Navigator over easement terms. This would occur only if and after
all other efforts at legal protections have failed.
If a pipeline is approved and an easement is unavoidable, NEAT will work to negotiate the best
uniform terms for all NEAT landowners using expertise from decades of easement negotiations
so that landowners can have the best protections possible.
How can N.E.A.T. provide help to landowners at a low price?

Brian Jorde and Domina Law have accomplished successful yet inexpensively priced efforts for
landowners in Nebraska and Wisconsin, protecting their land against the Keystone XL pipeline
and Enbridge expansion plans, and has handled these fights from A-Z before.
He and his Law Firm are offering their expertise to NEAT for much less cost than other attorneys
could and would ordinarily charge, because he believes in the rights of people in regard to their
own land. Not only that, as an attorney with expertise in property law, Mr. Jorde would be able to
identify and deal with crucial elements more quickly than attorneys who are less familiar with
these complex matters.
“Economies of scale” make a difference. By joining a large group of similarly affected Iowa
landowners you can spread the costs of litigation across many families as opposed to a single
family or a small group of families paying the entire cost of a lawyer to fight for them alone.
About Nebraska Easement Action Team / Landowner FAQ BoldNebraska.org
30
Landowners involved pay a pro-rata share of legal fees and expenses and thus only have a
small fraction of the actual cost and expense of a major legal effort like these will be.
What is an easement?
Any easement is a legal right usually reduced to writing in an Easement Agreement that spells
out how the pipeline company will use your land for their profit while you continue to pay taxes
and insurance.
It spells out what the pipeline company can do and therefore what you can’t do and establishes
restrictions on your land.
The proposed easements are “perpetual” which means forever. The pipeline company proposes
to pay you one time and you can never go back and obtain more easement compensation in the
future.
The pipeline company can sell or assign their easement on your property to any person,
company, or country in the world at anytime and you can’t do anything to stop that.
Do I have to sign an easement?

Not only do you not have to sign the pipeline company’s easement, you do not have to talk to
them or interact with them.
We encourage you NOT TO SIGN ANYTHING until and if you completely understand all the
risks and ways the easement and having the pipeline on your property will affect you forever.
If you join up with NEAT and become a part of our legal co-op – you never have to directly
interact with these companies or their agents ever again.
Can the pipeline company survey my land?

Not only do you not have to sign the pipeline company’s easement, you do not have to talk to
them or interact with them, including requests to survey your land.
We encourage you NOT TO SIGN ANYTHING until and if you completely understand all the
risks and ways the easement and having the pipeline on your property will affect you forever.
If you join up with NEAT and become a part of our legal co-op – you never have to directly
interact with these companies or their agents ever again.
Lawful Survey or a Trespass?

It is lawful to enter onto private lands to examine or survey before the Pipeline Company
actually has condemned the land IF all of the following are true:
1. The Pipeline Company either has eminent domain rights OR is the entity surveying is a
representative of such a Company with eminent domain rights, and
2. Negotiations have failed, and
31
3. After they have identified themselves to the landowner or person in possession of the
land, and
4. Informed landowner or person in possession of the land of their contemplated actions
If you believe any of the above are not true, then you are encouraged to call your local law
enforcement and report the trespass.
Also, it is best practice to document actions of Pipeline Company or their agents with photos
and video. You have the right to follow them anywhere on your property and document what
they are doing. Photograph any damages of any kind you believed they caused.
If such “survey” is done by drone or by air – the law is less clear as to the exact amount of feet
they must be above your property to not constitute a trespass and the law looks more at the
type and severity of the intrusion on your solitude or seclusion – essentially your free enjoyment
of your property.
The law allows for civil action against such a trespasser:
Any person, firm, or corporation that trespasses or intrudes upon any natural person in his or
her place of solitude or seclusion, if the intrusion would be highly offensive to a reasonable
person, shall be liable for invasion of privacy.
Neb Rev Stat: 20-203
What if I already have an attorney?

If you have a previously established relationship with an attorney (e.g. for your will, estate, etc.)
it is reasonable to let them know you are joining NEAT and why. Having your own attorney work
with you, rather than NEAT, is your decision of course, but we encourage you to work with an
attorney experienced in these matters and who has been battled large pipeline companies
before.
If you have already contacted an attorney for the express purpose of having them deal with CO2
Pipelines, it is reasonable to have a forthright conversation with them about your interest in
NEAT.
Once I have joined N.E.A.T., what can I expect and what do I

need to do?
You will be able to join our bi-monthly (sometimes weekly) ZOOM video conference meetings
where landowners share information on what is happening across the state and our Legal Team
provides guidance and answers your questions and discusses the plans and strategies moving
forward.
You will receive periodic email updates on the latest news and urgent updates.
32
You will not have to deal with Summit and/or Navigator directly again, your Legal Team will
handle all communications with the pipeline company.
What should I do if an CO2 Pipelines representative knocks

on my door and wants to come in and talk, or telephones me
to talk?
Once you sign up to become a NEAT member, you do NOT have to speak with them in person
or by phone, nor invite them into your home. You should ask for the representative’s name and
position with CO2 Pipelines, ask them for identification if in person, and politely state that you do
not wish to speak to them.
You should advise them to call your lawyer, Brian Jorde, and provide his information to them.
You do NOT have to give them ANY other information.
What is Condemnation?
Condemnation is the name of a legal proceeding that occurs when an entity (usually a
governmental entity) who has the power of eminent domain uses that power to condemn or take
all or a portion of another’s property for the condemner’s use and purpose.
Condemnation is a process by which the landowner whose property is being taken can present
evidence in Court to jurors from the county were the land is located who will determine the
value, or the monetary compensation, that the taker must pay the landowner.
Often before Condemnation litigation starts, there is a period of negotiation with the taker, here
potentially a Carbon Pipeline company, and you can negotiate the terms or fine print of the
contract, called an Easement, and you can negotiate price or the financial compensation that
will be paid.
If negotiations fail, condemnation often starts where you can go all the way to trial and/or
continue to negotiate along the way if you think it is likely you can reach an agreement.
Who Can Become a Supporter of N.E.A.T.?

N.E.A.T. will have the most impact for landowners and tenants who own or farm land the
pipeline will cross and we urge you to become a N.E.A.T. Supporter and tell your neighbors to
as well. As a tenant you also have property rights and interests in the land you rent - these
rights are compensable if and when affected.
If you have signed an agreement to let a pipeline company on your land to survey you can still
join N.E.A.T.
If you have voluntarily signed an Easement already N.E.A.T. may be able to assist you in
rescinding that easement or getting more money for it. Call or email today to learn more about
this.
33
If you are someone who thinks "I will never voluntarily sign anything with a pipeline company" -
we respect your opinion and option to exercise your Constitutional rights and force them to take
you to Court and want you to know you can still join and become a Supporter of N.E.A.T. and
benefit from our efforts! To learn more about Condemnation options Contact Us.
If you believe in what N.E.A.T. stands for and want to support N.E.A.T. but don’t have any land
affected you can still join and support our efforts.
34
NEAT believes the terms and
fine print in all Easements must
aggressively be negotiated for
and in favor of landowners. Take Action
PipelineFighters.org
The Nebraska Easement Action Team, Inc. (“N.E.A.T.”) is a
non-profit education and legal defense fund first established
by Nebraskans for the benefit of landowners and citizens
affected by the TransCanada KXL pipeline, and now re-es-
tablishing as a new co-op of landowners opposed to eminent
domain for proposed carbon (CO2) pipelines in Nebraska by
Summit, Navigator, and potentially others.
Visit PipelineFighters.org for our “EXTRACTED” daily news

clips – plus access resources, expert analysis and actions YOU
can take to protect the rights of property owners and citizens
opposed to eminent domain.
35
How to Contact
Your County Board
About the Pipeline
BoldNebraska.org
36
How to Contact Your County Board About the Pipeline
With little or no federal or state regulations in place to protect our communities against proposed
carbon pipelines, counties are in some cases like Nebraska the only regulatory body that will
negotiate with the pipeline company.
Despite what the industry claims (and threatens legal action over), counties are empowered to
put in place common-sense regulations on pipelines, such as setbacks that determine how far
such a project can be from a residence.
TAKE ACTION:
● Write emails to your county board commissioners or supervisors and let them know your
concerns about carbon pipelines. Bold published a Sample Ordinance for counties, and
CO2 pipeline info, which is also available online.
● Petition the board to get on the agenda at the next meeting, and bring a group of fellow
concerned landowners to voice your concerns during the meeting. (All of the carbon
pipeline companies are currently doing the same — petitioning to speak at your board
meetings to sway them in favor of their projects). Instructions on how to request that you
be placed on the meeting agenda differ, and are provided on each County Board’s
website.
● Consider submitting the Sample Ordinances for carbon pipelines to your County Board.
CONTACTS: NEBRASKA COUNTY BOARDS IMPACTED BY CARBON PIPELINES
COUNTY PIPELINE? CHAIR MEETINGS COUNTY BOARD EMAILS
Wayne Summit & Terry Sievers 1st & 3rd [email protected],

Navigator Tuesdays, 9am [email protected],
[email protected],
Dixon Summit & Lisa Lunz 2nd Tuesdays, 9am [email protected],

Navigator [email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
37
Every other
Summit & Monday (Aug. 8 & [email protected],
Dakota Navigator Janet Gill 22), 3pm [email protected],
[email protected],
[email protected],
[email protected],
Madison Summit & Troy Uhlir Every two weeks [email protected],

Navigator on Tuesday, [email protected],
9:30am [email protected],
Platte Summit & Jerry Micek Every other [email protected],

Navigator Tuesday (Aug. 2, [email protected],
16), 9am [email protected],
[email protected],
[email protected],
[email protected],
[email protected]
Holt Summit William Tielke Aug 16 & 31, 9am [email protected],

[email protected],
[email protected],
[email protected],
[email protected],
[email protected]
Antelope Summit Charles 1st & 2nd [email protected],

Henery Tuesdays, 9am [email protected],
[email protected],
[email protected],
[email protected],
Pierce Summit Terry Wragge Every other [email protected],

Monday (Aug. 8 & [email protected],
22), 9am
Nance Summit Timothy 2nd & 4th [email protected],

Cornwell Tuesdays, 9am [email protected],
[email protected],
[email protected],
[email protected],
How to Contact Your County Board About the Pipeline BoldNebraska.org
38
Hamilton Summit Rich Nelson Aug. 8, 15, 22, [email protected],
8:30am [email protected],
[email protected],
[email protected],
[email protected],
York Summit Randy Every other [email protected],

Obermier Tuesday, (Aug. 9, [email protected],
23) 8:30am [email protected],
[email protected],
[email protected],
Hall Summit Ron Peterson Every other [email protected],

Tuesday, (Aug. 2, [email protected],
16, 30) 9am [email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
Boone Navigator Larry Temme Every Monday [email protected],

except 1st Monday, [email protected],
9am [email protected],
Stanton Navigator Dennis 3rd Mondays, 8am [email protected],

Kment [email protected],
[email protected]
39
Model Nebraska
County Ordinance
for Regulation of
Carbon Dioxide
Pipelines
BoldNebraska.org
40

MODEL NEBRASKA COUNTY ORDINANCES

FOR REGULATION OF CARBON DIOXIDE PIPELINES

This packet includes the following three model county ordinances and resolutions for carbon dioxide
(CO2) pipelines:
• A comprehensive special permit or conditional use permit process for CO2 pipelines to amend
an existing county zoning ordinance.
• A “level of cultivation” resolution that will allow counties to specify how deep a pipeline must be
buried in agricultural lands.
• An emergency response resolution to support planning in the event of a CO2 pipeline rupture.
Although the Nebraska legislature has enacted laws to route oil pipelines and reclaim land after oil
pipeline construction, Neb. Rev. Stat. § 57-1401 et seq. and § 76-3301 et seq., it has not extended these
laws to cover pipelines that transport CO2. In the absence of state regulation of CO2 pipelines,
Nebraska’s counties may fill this regulatory gap by enacting ordinances to route and limit the damage
caused by construction and operation of CO2 pipelines.
While it is true that federal pipeline safety law prevents state and county regulation of the design,
construction, operation, and maintenance of “supercritical” but not gaseous or liquid CO2 pipelines, it is
also true that a number of important exceptions to this federal authority exist. These exceptions are
described below.
Counties May Route CO2 Pipelines – The federal Pipeline Safety Act states: “This chapter does not
authorize the Secretary of Transportation to prescribe the location or routing of a pipeline facility.”
Since Congress has not authorized the federal government to determine the route of CO2 pipelines, this
power remains with the states. States may determine the route of a CO2 pipeline and enact setbacks
from residents and businesses. This is the reason why Nebraska was able to enact its Major Oil Pipeline
Siting Act. In the absence of state legislation routing CO2 pipelines, the power to determine pipeline
location and route falls to Nebraska’s counties.
Counties May Regulate CO2 Pipeline Construction Mitigation – Although federal law regulates pipeline
construction, it covers only the construction of the pipeline itself, including matters such as the type of
steel and welds to be used, pipe handling, the construction of pump stations, and other pipeline-specific
standards. Federal law does not include standards for mitigation required during and after construction,
such as topsoil management, public and private road protection, maintaining access to homes and
farming structures, reseeding, fencing, noise, litter control, and other matters not directly related to
pipeline materials, fabrication, and installation. This is the reason why Nebraska was able to enact it Oil
Pipeline Reclamation Act. In the absence of state legislation requiring mitigation for CO2 pipeline,
control over such mitigation falls to Nebraska’s counties.
Counties May Regulate the Depth to Which CO2 Pipelines Are Buried in Agricultural Lands – Federal
pipeline safety regulations in 49 CFR § 195.248 specify the “depth of cover” that must be provided over
supercritical CO2 pipelines, which generally is 36 inches, but there is an exception for agricultural lands.
Specifically, § 195.248 states: “all pipe must be buried so that it is below the level of cultivation,” but
41
then importantly, the federal pipeline safety regulations do not define the meaning of “level of
cultivation.” In fact, no federal law provides this definition. This means that it’s up to states or counties
to determine the depth to which cultivation extends. Two states, Minnesota and New York, have laws
on their books that expressly define this depth, and pipeline companies have never challenged these
laws. Given the variability of land types and agricultural practices, it makes sense that the “level of
cultivation” should be defined locally by counties, and not by a distant bureaucrat. This being said,
counties should also respect private agreements between landowners and pipeline companies about
depth of cover.
Counties May Regulate Their Own Emergency Response to CO2 Pipeline Ruptures – The federal
Pipeline Safety Act requires that pipeline operators have an emergency response plan. 49 CFR §
195.402(e). Therefore, counties may not regulate how pipeline companies themselves respond to CO2
pipeline ruptures. This being said, federal law regulates only how a pipeline operator and its employees
and contractors respond to a leak or rupture. Federal law does not regulate state and county
emergency response planning or efforts. That is, federal law does not “federalize” local emergency
response. Instead, the federal regulations make clear that states and counties will have their own plans,
and that pipeline operators are required to coordinate with state and local responders. 49 CFR § 195.65
(provide MSDSs to public responders); § 195.402(c)(12) (share information with public responders on
response capacity and communications); § 195.402(e)(7) (notifying and coordinating with local officials).
Therefore, Nebraska’s counties may adopt and implement their own emergency response plans for CO2
pipeline ruptures to be implemented by their own first responders, and request information from
pipeline operators so they know what their up against.
Counties May Regulate Abandoned CO2 Pipelines – The purpose of the federal Pipeline Safety Act is to
prevent pipeline leaks and ruptures, so that the products they transport do not harm persons and
properties. For this reason, the Pipeline Safety Act regulates only pipelines that are “used or intended
to be used.” 49 U.S.C. § 60101(a)(5) (definition of “hazardous liquid pipeline facility”). Once an
operating pipeline is emptied, disconnected from other pipelines, and sealed, according to the
requirements of 49 CFR § 195.402(c)(10), it is no longer “used or intended to be used” to transport
hazardous liquids or CO2, such that the Pipeline Safety Act no longer regulates it. The pipeline is no
longer a “hazardous liquid pipeline facility,” and instead is just scrap steel. Accordingly, neither the
Pipeline Safety Act nor its federal regulations contain any rules about what happens to this abandoned
steel. Yet, an abandoned pipeline can cause drainage problems, sinkholes, or interfere with farming or
building construction. Given the limited jurisdiction of the Pipeline Safety Act, the fate of abandoned
pipelines is in state or local government hands. Minnesota, Iowa, and Michigan, and Santa Barbara
County, California, all regulate abandoned pipelines. Since Nebraska’s legislature has not passed any
laws regulating abandoned pipelines, doing so is left to the counties.
Model Nebraska County Ordinance for BoldNebraska.org

42

Resolution to Protect Citizens and First Responders
from the Dangers of Carbon Dioxide Pipeline Ruptures

Whereas, [pipeline developer] has proposed to construct a large high-pressure supercritical
carbon dioxide pipeline through [county] for a total of [#] miles;
Whereas, no supercritical carbon dioxide pipelines currently exist in [county];
Whereas, carbon dioxide gas in high concentrations can asphyxiate and at lower concentrations
can intoxicate humans and livestock, thereby creating a risk of injury or even death;
Whereas, a rupture of the [pipeline] has the potential to release a large quantity of carbon
dioxide gas at high concentration levels over a potentially large geographic area within
[county];
Whereas, carbon dioxide gas is colorless and odorless and may not be detected by human
senses, making exposure difficult to detect and avoid and danger zones challenging to define;
Whereas, carbon dioxide gas can intoxicate citizens and first responders and cause
disorientation and confusion, limiting the potential for self-evacuation by citizens and making
first responder rescue operations challenging;
Whereas, carbon dioxide gas is heavier than air and can settle in and remain in low lying areas
and closed structures for significant periods of time;
Whereas, high concentrations of carbon dioxide following a rupture of the [pipeline] could
cause internal combustion engines in motor vehicles to malfunction or even stop operating,
limiting the ability of citizens to use their trucks and cars to self-evacuate, and limiting the
ability of first responders to use rescue vehicles;
Whereas, emergency alert systems exist, such as Amber alerts and automatic phone calls, that
should be used to alert [county] residents within the danger zone for a CO2 pipeline rupture;
Whereas, computer modeling is available to estimate the distance that carbon dioxide can
disperse from a pipeline rupture depending on pipeline size and a range of weather conditions
and topographies, but such modelling has not been provided to [county] for use by its
commissioners, first responders, and residents, such that [county] has no reliable information
about the geographic extent of the potential danger zone following a rupture of the proposed
[pipeline];
Whereas, large high-pressure supercritical carbon dioxide pipelines may rupture with
substantial force as the supercritical carbon dioxide depressurizes into a gas, producing
explosive running ductile fractures along a pipeline for extensive distances unless stopped
43
through use of sufficiently strong pipe steel or crack arrestors, putting nearby citizens and
properties in danger;
Whereas, [state] has enacted statutes and issued regulations that provide state and county
emergency planning agencies with authority to plan and prepare for a wide range of
emergencies, including release of large quantities of supercritical carbon dioxide; and
Whereas, [county] first responders should not bear the cost of the specialized emergency
response equipment, training, and other resources uniquely necessary for response to a
supercritical carbon dioxide pipeline rupture;
Now therefore, be it resolved: that [county] requests that [state]’s emergency planning, first
response, and pipeline permitting agencies take the following actions:
• investigate the risks of and emergency planning needed for a potential rupture of the
[pipeline] in [county], and in cooperation with [county] first responders prepare an
emergency response plan for [county] in the event of such rupture;
• conduct or direct [pipeline developer] to conduct CO2 dispersion computer modeling to

identify the possible extent of CO2 intoxication and asphyxiation zones from a rupture of
the proposed [pipeline] in [county], taking into account a range of weather conditions
and the county’s topography, to ensure that [county] can define a danger zone for a
rupture of the proposed [pipeline] for emergency planning, response, and rescue
purposes;
• identify and recommend emergency response training, equipment, and communication

needs of [county] to respond to a rupture of the proposed [pipeline] and require that
[pipeline developer] bear the cost of such needs;
• identify and recommend emergency communication resources needed to alert [county]

residents, businesses, and first responders in the event of a rupture of the proposed
[pipeline], such as automated alert phone calls and text messaging, and require that
[pipeline developer] bear the costs of implementing any new alert system or modifying
existing alert systems deemed necessary by [county];
• ensure that to the maximum extent allowed by law, [state] agencies condition their
permit approvals by including a requirement that [pipeline developer] pay for all
training, equipment, and communication needs of [county] to respond to a rupture of
the proposed [pipeline]; and
• not grant any state permits for the proposed [pipeline] before completion of all actions
requested by this resolution.

44
MODEL HAZARDOUS LIQUID AND CARBON DIOXIDE PIPELINE
“LEVEL OF CULTIVATION” RESOLUTION

Whereas, federal pipeline safety regulations for hazardous liquid pipelines state in 49 C.F.R. §
195.248 that “all pipe must be buried so that it is below the level of cultivation;”
Whereas, 49 U.S.C. § 60104(e) of the federal Pipeline Safety Act states: “This chapter does not
authorize the Secretary of Transportation to prescribe the location or routing of a pipeline
facility,” such that a state, or in the absence of state regulation, a county may determine the
“location” of a pipeline subject to the federal Pipeline Safety Act;
Whereas, federal pipeline safety regulations do not define the meaning of the term “level of
cultivation;”
Whereas, no other federal regulation defines the meaning of the term “level of cultivation;”
Whereas, no federal court has defined the meaning of the term “level of cultivation” for the
purposes of pipeline safety or other purpose;
Whereas, no Nebraska statute defines the meaning of the term “level of cultivation” or the
minimum depth of cover required for hazardous liquid or carbon dioxide pipeline construction in
Nebraska’s agricultural lands, such that action by the County to define this term is not
inconsistent with state law;
Whereas, neither Neb. Rev. Stat. § 57-1401 et seq. (Major Oil Pipeline Siting Act); Neb. Rev.
Stat. § 57-1501 et seq. (Governor approval of oil pipeline projects); nor Neb. Rev. Stat. § 76-
3301 et seq. (Oil Pipeline Reclamation Act), apply to carbon dioxide pipelines or define the term
“level of cultivation” or otherwise specify a minimum depth of cover for hazardous liquid
pipelines in agricultural land;
Whereas, the County may define the meaning of the term “level of cultivation” under the
powers granted to it by Neb. Rev. Stat. Chapter 23.
Whereas, the State of Minnesota defines depth of cover for hazardous liquid pipelines in Minn.
Stat. § 216G.07, subd. 1, as follows:
Unless waived in the manner provided in subdivisions 2 or 3, any pipeline
installed after May 26, 1979, shall be buried with a minimum level cover of not
less than 4-1/2 feet in all areas where the pipeline crosses the right-of-way of any
public drainage facility or any county, town or municipal street or highway and
where the pipeline crosses cultivated agricultural land. Where the pipeline crosses
the right-of-way of any drainage ditch, the pipeline shall be at least 4-1/2 feet
below the authorized depth of the ditch, unless waived in the manner provided in
subdivisions 2 and 3;
45
Whereas, the State of New York defines the minimum cover in farmlands for liquid petroleum
pipelines in 16 NYCRR 258.5 as follows:
Notwithstanding the requirements of 49 CFR 195.248(a) for cover over buried
pipelines in cultivated areas, all pipe installed in areas actively cultivated for
commercial farm purposes in at least two out of the last five years, as identified
by the farmland operator, shall be installed with a minimum cover of 40 inches
unless the farmland operator agrees to or requires a different depth.
Whereas, no litigation has challenged the right of Minnesota and New York to define depth of
cover over a pipeline in agricultural lands;
Whereas, neither the federal government, the legislature of the State of Nebraska, nor the
Nebraska Public Service Commission have determined the “level of cultivation” or the depth of
cover for hazardous liquid pipelines in agricultural lands in County, yet such determination is
critical to continued farming productivity and farmer and farming equipment safety; and
Whereas, a definition by the county of the “level of cultivation” in County is neither preempted
by federal law nor inconsistent with Nebraska statutes;
Whereas, the cultivated depth of the soil in agricultural lands is variable and cannot be readily
defined by state-wide definition, much less a nationwide definition, but rather is highly
dependent on location-specific factors including soil type, drainage, topography, and the nature
of the crops produced, therefore, it is reasonable and necessary to define the term “level of
cultivation” at a county level;
Whereas, a county-level definition of the term “level of cultivation” will benefit the residents
and lands of County through: (a) limiting the damage caused to farmland by the construction of
hazardous liquid and carbon dioxide pipelines; (b) preventing future conflicts between farming
practices and pipeline operations resulting from excessively shallow installation of hazardous
liquid and carbon dioxide pipelines; and (c) reducing the potential for possible future injuries to
farmers, farming equipment, land, and water resulting from pipeline ruptures and spills by
ensuring that operating hazardous liquid and carbon dioxide pipelines are initially installed deep
enough to limit the potential for accidental damage due normal farming operations, taking into
account possible future soil erosion over pipelines;
Now, therefore be it resolved, by the County Board of Supervisors for ____________ County,
Nebraska, that the “level of cultivation” in the County for the purpose of determining hazardous
liquid and carbon dioxide pipeline depth of cover shall be [COUNTY TO SPECIFY; suggested
language: two feet below the depth of plowing, decompaction, drainage tiles, or other physical
modification of the subsurface soils undertaken in the normal course of agriculture, but in no
event less than 4-1/2 feet], unless otherwise agreed to by mutual agreement between a landowner
whose land is subject to an easement for a hazardous liquid or carbon dioxide pipeline and the
company that proposes to construct a pipeline on landowner’s land.

46

NEBRASKA MODEL COUNTY SPECIAL PERMIT OR CONDITIONAL USE PERMIT

ORDINANCE FOR CO2 PIPELINES
ADDITION TO DEFINITIONS SECTION:

Carbon Dioxide Pipeline (CDP) shall mean a pipeline with an outer diameter of four inches or
greater used to transport a gas, liquid, or supercritical fluid comprised of at least fifty percent
carbon dioxide (CO2) for geologic sequestration, enhanced oil recovery, or other use. A CDP
shall include the pipe used to transport carbon dioxide and any structure related to the pipeline
and any space, resource, or equipment necessary for such transportation, including but not
limited to all related pump or compressor stations, valves, cathodic protection systems, and
communication and control systems.
ADDITION TO SPECIAL PERMIT OR CONDITIONAL USE PERMIT SECTION:
[Section #]. Carbon Dioxide Pipelines
A Carbon Dioxide Pipeline (CDP) may be allowed by [Special Permit/CUP] in the [AG District]
in a route approved by the County upon consideration of the information included in an
application for a [Special Permit/CUP] and any other evidence and comments provided by other
interested parties, which [Special Permit /CUP] shall include the conditions required by this
regulation. The application shall include the following information and proposed conditions:
a. Project Location and Description and Notification: The application shall include the
following materials:
1. A general description of the CDP and its commercial purpose and claimed public
use and benefits.
2. A map and legal description of the proposed location of the CDP right-of-way, a
list of properties subject to easements or leases, and a list of all properties owned
or intended to be owned in fee by the applicant on which would be located
facilities or equipment for the CDP in the County.
3. A Notice of Location filed by the applicant with the County showing the right-of-
way and any pump or compressor stations setting forth a legal description of the
right-of-way, the location of the pipeline contained therein, and any pump or
compressor stations and other CDP facilities.
4. GIS data for the CDP and its right-of-way and easement areas.
47

5. A list of parcels subject to an easement for the CDP, either voluntary or by

eminent domain, indicating whether as of the date of the application a voluntary
easement has been agreed to for the property.
6. Confirmation that the Notice of Location has been delivered to all owners of
property that would be subject to an easement for the CDP.
7. A plan by which applicant will contact all impacted property owners to review the
timing of construction, discuss site-specific issues, and provide a plan for
construction and mitigation for each impacted property.
8. Engineering drawings for all CDP components and equipment installed in the
county.
9. Technical specifications for the CDP including its maximum design capacity and
proposed minimum and maximum operating pressures.
b. Construction Mitigation: The application shall include a proposed Construction,

Mitigation and Reclamation Plan (CMRP). The CMRP shall include the following
conditions:
1. If the CDP passes within a distance of between one hundred and one (101) feet to
two hundred and fifty (250) of any occupied residence or operational commercial
structure, then applicant shall implement the following:
i. To the extent feasible, the applicant shall coordinate construction work

schedules with affected residential and business owners prior to the start
of construction in the area of the residences or businesses.
ii. Applicant shall install temporary safety fencing to control access and
minimize hazards associated with an open trench and heavy equipment in
a residential area.
iii. Applicant shall notify affected residents and business owners no less than
twenty-four (24) hours in advance of any scheduled disruption of utilities
and limit the duration of such disruption.
iv. Except where practicably infeasible, final grading and topsoil replacement,
installation of permanent erosion control structures and repair of drainage
tiles, fencing, and other structures shall be completed within ten (10) days
after backfilling the trench or after any subsequent repair work. In the
event that seasonal or other weather conditions, extenuating

48

circumstances, or unforeseen developments beyond applicant’s control

prevent compliance with this timeframe, temporary erosion controls and
appropriate mitigating measures shall be maintained until conditions allow
completion of cleanup and reclamation.
2. Applicant shall maintain access to all residences and businesses at all times,
except for periods when it is infeasible to do so or except as otherwise agreed
between the applicant and impacted residents and business owners. Such periods
shall be restricted to the minimum duration possible and shall be coordinated with
affected residents and business owners, to the extent possible.
3. Should a water well, or water supply, or aquifer be damaged (diminishment in

quantity or quality) by CDP construction or operations, applicant shall
immediately provide a comparable water supply to the owner of the well and the
water well shall be restored or replaced at applicant’s expense.
4. Applicant shall promptly remove all construction related debris and material
which is not an integral part of the CDP. Such material to be removed includes
all litter generated by applicant’s employees, agents, contractors, or invitees,
including construction crews. Following the completion of applicant’s
construction activities, applicant shall keep the CDP right-of-way clean and free
of all trash and litter which may have been produced or caused by applicant or its
employees, agents, contractors or invitees or its operations on the property.
Applicant shall not bury or burn any trash, debris or foreign material of any nature
within its right-of-way.
5. Following the completion of the CDP construction, applicant will restore the area
disturbed by construction to the maximum extent practicable to its original
preconstruction topsoil, vegetation, elevation, and contour.
6. Applicant shall, unless otherwise requested by a property owner, abide by all

guidelines and recommendations of the local or regional field office of the United
States Natural Resources Conservation Service or the CMRP, whichever is more
stringent, regarding the removal, storage, and replacement of top soil and other
soil horizons.
7. At a minimum, applicant shall remove and segregate topsoil and other soil
horizons from the trench and segregate all soils by type. Following the
construction and installation of each section of the CDP, the soil shall be replaced
by type, to the extent feasible, as near as practicable to its original location and
condition. Topsoil deficiency shall be mitigated with imported topsoil that is
consistent with the quality of topsoil on the property. Following backfill and after
completion of installation of all pipeline equipment, applicant shall decompact the
49

soil in accordance with the recommendations of the United States Natural

Resources Conservation Service.
8. Applicant shall be financially responsible for all construction-related reclamation

and mitigation expenses.
9. Applicant shall commence reclamation of the area through which a CDP is

constructed as soon as reasonably practicable after construction.
10. Applicant shall complete final grading, topsoil replacement, installation of erosion
control structures, seeding, and mulching within thirty days after backfill except
when weather conditions, extenuating circumstances including landowner
preference of delay due to personal or agricultural land use, or unforeseen
developments do not permit the work to be done within such thirty-day period.
11. Applicant shall ensure that all reclamation and mitigation actions, including, but
not limited to, choice of seed mixes, method of reseeding, and weed and erosion
control measures and monitoring, is conducted in accordance with the Federal
Seed Act, 7 USC 1551 et seq., the Nebraska Seed Law, and the Noxious Weed
Control Act, United States Natural Resources Conservation Service guidance, and
the CMRP, in consultation with landowners.
12. Applicant shall ensure that genetically appropriate and locally adapted native
plant materials and seeds are used to reseed pasture and prairie lands based on site
characteristics and surrounding vegetation as determined by a pre-reclamation site
inventory.
13. Applicant shall ensure that mulch is installed as required by site contours, seeding
methods, or weather conditions or when requested by a landowner.
14. Applicant’s obligation for reclamation, mitigation, and maintenance of the CDP
right-of-way shall continue until the pipeline is abandoned and permanently
withdrawn from service and it has fully complied with its abandonment mitigation
plan.
15. Applicant must install and maintain adequate warning signs for its buried pipeline
that identify all road crossings, crossings into and out of fields, and turns in the
pipeline of more than 5 degrees.
16. Applicant shall provide all landowners whose land is subject to an easement for
the CDP with a map of the pipeline location on their land at least once every five
years.

50

17. Applicant shall record all easements for the CDP and provide a map showing the
as-built location of the CDP with the County Recorder.
18. Applicant shall provide fencing for all above-ground facilities.
c. Public Inquiries and Complaints: Application shall include a publicly available

telephone number and identify a responsible person or position for the public to contact
with inquiries or complaints throughout the application process, construction, and
operation of the CDP. The applicant shall make a reasonable effort to respond to the
public’s inquiries and complaints and shall provide a monthly report of such inquiries and
complaints to the County, together with actions taken and dates thereof to resolve any
complaints. The County shall make this information available to the public upon request.
d. Pipeline Safety: The application shall contain a discussion of applicant’s plans to

comply with federal pipeline safety standards, or if no such standards are applicable, a
plan to comply with industry standards.
1. If a CDP is subject safety standards adopted under the federal Pipeline Safety Act,
the application shall include information demonstrating that applicant will comply
with all such safety standards. An application shall include a description of all
CDP components installed in the county, together with a description of the
component’s compliance with federal safety standards, and attach any engineering
studies prepared by the applicant to ensure its compliance with applicable safety
standards. When a CDP is subject to safety standards adopted under the federal
Pipeline Safety Act, the county shall not adopt conditions that determine the
safety of the design, construction, operation, or maintenance of the CDP, but the
county may consider the safety information required herein for the purpose of
understanding the unavoidable risks to public health and welfare resulting from
operation of the CDP, and for the purpose of county emergency planning.
2. In the event the safety of the CDP is not subject to the jurisdiction of the federal
Pipeline Safety Act or state law safety standards, an application shall provide
copies of all industry design, materials, construction, equipment, operation, and
maintenance standards applicable to the CDP; a description of all CDP
components installed in the County together with a description of the
component’s compliance with applicable standards; a description of all
construction activities together with a description of how these activities will
comply with applicable industry standards; and a description of all operation and
maintenance activities together with a description of how these activities will
comply with applicable industry standards. The county may determine if the CDP
will adequately comply with such industry standards and may condition a special
permit to require such additional safety standards as are determined to be
51

necessary and reasonable by the county, such as emergency valve placement

within the county.
e. List of Permit Applications: The application shall include a list of permits required by
the State of Nebraska, the US government, the County, and any municipalities within the
county that applicant must acquire prior to construction of the CDP, and provide a
description of the status of all such permit applications. Applicant shall update this list
during the County’s permit review process at least quarterly, but shall also provide an
update upon request by the County.
f. Abandonment Plan: The application shall include a proposed abandoned pipeline

mitigation plan describing the methods, procedures and cost of removing the CDP and all
related supporting infrastructure after the pipeline has been abandoned and permanently
removed from operation. The abandoned pipeline mitigation plan shall include the
following conditions:
1. A notice of abandonment requirement providing that within 90 days of

completion of all physical steps necessary to permanently remove the CDP from
operation, the CDP operator or owner shall notify the County, municipalities
within the County, and all owners of land who own property subject to an
easement or right-of-way agreement in the County, that the CDP has been
abandoned, which notice shall also fully describe the rights of such owners of
land to require removal or other reasonable mitigation actions.
2. A commitment to provide a bond or equivalent enforceable financial assurance

instrument sufficient to guarantee removal and mitigation of the CDP upon
abandonment. The County shall approve the amount and terms of such financial
assurance instrument as necessary to protect the public interest.
3. In the event the CDP owner or operator fails to give notice of abandonment, the
CDP shall be deemed to be abandoned within the County if the CDP does not
provide transportation services for twenty-four (24) consecutive months. At any
time after such period, upon discovery of non-use, the County shall provide by
certified mail a written Notice of Abandonment to the owner and operator of the
CDP and also to each property owner whose property is subject to an easement or
right-of-way agreement for the CDP, at the landowner address recorded in the
County Treasurers Office. The CDP owner or operator shall have the right to
respond to the Notice of Abandonment within sixty (60) days from the date of
receipt of such notice to present evidence that it has not abandoned the CDP. The
County shall review any such response and determine whether or not the CDP has
been abandoned. If it is determined the Pipeline has not been abandoned or
discontinued, the Notice of Abandonment shall be withdrawn and notice of the
withdrawal shall be provided to CDP owner or operator. If, after review of the

52

CDP owner or operator’s response, the County determines that the CDP has been
abandoned or discontinued, notice of such finding shall be provided by certified
mail to the CDP owner or operator.
4. Upon a CDP owner or operator providing notice of abandonment, or upon

issuance of a final decision by the County that a CDP is abandoned due to non-
use, the abandoned pipe steel and all underground components shall be removed
within one year of decommissioning or revocation of the special permit.
5. Property owners of land subject to a CDP easement may enter into an agreement
with the CDP owner to abandon some or all underground CDP components in-
place and for other mitigation requirements, including but not limited to filling
abandoned in-place pipe under private roadways with cement to prevent roadway
collapse, segmenting and plugging the pipe to prevent water drainage, and
conducting depth of cover and erosion surveys to assess remaining depth of cover
and potential future impacts of the abandoned underground pipe on agricultural
operations.
6. In the event that the CDP owner or operator fails to initiate implementation of its
abandonment mitigation plan within 180 days of its notice of abandonment or a
notice of abandonment issued by the County, any owner of property subject to an
easement or right-of-way agreement may implement the abandonment plan for
such landowner’s property and seek compensation for the expenses of plan
implementation from the financial assurance instrument provided to ensure
implementation of the plan, and if such funds are not sufficient, from the current
and past owners of the abandoned CDP.
g. County Emergency Response Plan: The application shall include a proposed county
and municipal emergency response plan for a potential full-bore rupture of the CDP. The
applicant shall coordinate development of this proposed plan with county, municipal, and
state emergency response agencies. This proposed county emergency response plan shall
at a minimum include:
1. An estimate of the maximum volume of carbon dioxide that could be released

given pipeline size, emergency valve locations, and other appropriate factors.
2. An estimate of the size of the danger zone on either side of the pipeline route
based on the maximum distance that released CO2 could travel from the pipeline’s
centerline from a rupture in the county, at concentrations that are immediately
dangerous to life and health (ILDH) (an IDLH of 4 percent or 40,000 parts per
million), given a range of weather conditions and topography. The distance
estimate shall be based on state-of-the-art computer modeling that at a minimum
takes into account amounts of CO2 and hazardous materials released, release rate,
53

the volume of material ejected by pump or compressor operation before their

shutdown and valve closure, the amount of material that would vent to the
atmosphere between emergency valves, weather, topography, and the location of
structures.
3. An estimate of the concentration of CO2 at which internal combustion engine

motor vehicles may not operate.
4. A list of local emergency response agencies that the CDP operator must notify
immediately in the event of a rupture.
5. A list of CDP operator emergency response personnel contacts for use by county
and municipal emergency response personnel.
6. A list and map of occupied residential, business, public, and other structures
within the danger zone, and a plan for annual updates of this list and map.
7. A telephonic and electronic emergency alert system for individuals who live and
operate businesses within the danger zone that provides alerts to evacuate in the
event of a rupture.
8. Cost-free distribution and replacement of CO2 detectors with alarms to occupied

residences and businesses within the danger zone.
9. An evacuation plan for each occupied residence and business within the danger
zone that avoids travel toward the pipeline.
10. A plan for county and municipal first responders to assist with evacuations.
11. An annual reminder of evacuation routes for occupied residences and businesses
provided to landowners, business owners, and operators of commercial and public
facilities.
12. A list of roadways that pass within the danger zone, and a plan to barricade
impacted roadways to prevent vehicles and pedestrians from entering the danger
zone.
13. A list of recommended emergency response equipment and training needed by

county and municipal emergency response personnel and a commitment to
provide such equipment and training to county and municipal agencies.

54

14. The CDP operator’s federally mandated emergency response plan for its
personnel, and a description of how the proposed county emergency response plan
would coordinate with applicant’s emergency response plan.
h. Setbacks: The application shall provide that the CPD shall be constructed in a right-of-
way that complies with the following setbacks:
1. For occupied single family homes, the center line of the CDP and the property
line of a pump or compressor station shall be setback a minimum of 1,000 feet
from the home.
2. For operating businesses with fewer than 10 employees, the center line of the
CDP and the property line of a pump or compressor station shall be setback a
minimum of 500 feet from the structure containing the business.
3. For structures that typically contain more than 10 persons, the center line of the
CDP and the property line of a pump or compressor station shall be setback a
minimum of 2,000 feet from such high occupancy structure.
4. The setbacks may be increased to minimize the number of homes and businesses
with the danger zone.
i. Noise: The application shall contain a proposed noise mitigation plan that includes the
1. No CDP pump or compressor station shall be located as to cause an exceedance of

the following noise level standard. The noise level shall be measured at the closest
exterior wall of any dwelling located on the property. If a pump or compressor
station violates a noise standard on a dwelling, constructed after the CDP is
approved, then the CDP becomes a non-conforming use. The noise level shall
have a forty-two (42) dBA maximum ten (10) minute Leq for all hours of the day
and night, or a three (3) dBA maximum ten (10) minute Leq above background
level as determined by a pre-construction noise study.
2. Each application shall include a professional third-party pre-construction noise

study which includes all property within at least one mile of a pump or
compressor station and must be able to demonstrate compliance with the noise
standards in paragraph 2. The protocol and methodology for such studies shall be
submitted to the County Health Department for review and approval. Such studies
shall include noise modeling for all four seasons and include typical and worst-
55

case scenarios for noise propagation. The complete results and full study report
shall be submitted to the County Health Department for review and approval.
3. Prior to the commencement of construction, pre-construction noise monitoring

may be conducted to determine ambient sound levels in accordance with
procedures acceptable to the County Health Department.
4. Post-construction noise level measurements shall be performed in accordance

with procedures acceptable to the County Health Department within one year of
completion of construction to determine if the permittee is in compliance with this
title and the terms of its special permit. Noise level measurements shall be taken
by third party professional acousticians or engineering firms specializing in noise
measurements and in accordance with procedures as approved by the County
Health Department and shall be performed at the expense of the holder of the
Special Permit. Any report, information or documentation produced in accordance
with such study or measurements shall be provided to the County Health
Department and shall be a public document subject to Nebraska's public records
laws.
5. All noise complaints regarding the operation of any CDP pump or compressor
station shall be referred to the County Board. The County Board shall determine if
noise monitoring in addition to that required under the paragraph above shall be
required to determine whether a violation has occurred. If the Board determines
that such noise monitoring shall be required, it shall be done at the expense of the
holder of the Special Permit in accordance with procedures and by third party
professional acousticians or engineering firms specializing in noise measurement
approved by the County Health Department. The results of such monitoring shall
be provided directly from the party or parties conducting the monitoring to the
County Health Department for review and reporting to the Board of
Commissioners.
j. Roads: The application shall include a proposed road mitigation plan that includes the
1. Prior to the commencement of construction of any CDP, the applicant shall enter
into an agreement with the County Engineer regarding use of County roads during
construction. This agreement shall ensure the appropriate and timely maintenance
of all county roads pursuant to Neb Rev Stat §39-1402 and any amendments
thereto.
2. Applicant shall complete a county road and right-of-way application for each
county, township, or municipal road or street and other public infrastructure to be
10


56

crossed or used for the purposes of constructing, operating, or maintaining the

CDP.
3. Applicant shall, in coordination with the County and other appropriate

jurisdictions, conduct a pre-construction survey of roadways and other public
infrastructure that may be used or impacted by construction, either as primary or
alternative routes. Such survey shall include photographs and written descriptions
of the condition of potentially impacted public infrastructure and identify all
applicable weight and size limits.
4. Applicant shall, at its sole expense, restore roads, streets, bridges and other
impacted public infrastructure to at least its pre-construction condition.
5. After construction, County shall inspect all impacted infrastructure and determine
the need for and extent of repair and direct applicant to make such repairs.
County shall inspect all restored infrastructure. Where such restoration is
insufficient, County will require additional restoration so that the infrastructure is
restored to at least its pre-construction condition.
k. Environmental Impact Assessment: The application shall include an assessment of

impacts of construction and operation on state or federal threatened or endangered
species, environmentally sensitive lands and waters such as wetlands, native prairie and
grasslands, rivers, streams, and lakes, and public parks, schools, and similar amenities.
l. Indemnification: The application shall contain a proposed indemnification condition

with the following terms.
1. The applicant, its heirs, assigns, and successors shall indemnify, defend, and hold
harmless County and any property owners whose land is subject to easements or
right-of-way agreements from any and all liability, loss, damage, cost, expense,
and claim of any kind, including reasonable attorneys’ and experts’ fees incurred
by County and/or such property owners in defense thereof, arising out of or
related to, directly or indirectly, the installation, construction, operation, use,
location, testing, repair, maintenance, removal, or abandonment of the pipeline
and/or related facilities, and the products contained transferred through, related or
spilled from said pipeline and appurtenant facilities, including the reasonable
costs of assessing such damages and any liability for costs of investigation,
abatement, correction, cleanup, fines, penalties, or other damages arising under
any law, including all applicable environmental laws.
2. The indemnification shall apply except where individuals or companies damage

the CDP or related facility through intentional bad acts.
11

57

3. No property owner or tenant or contractor of a property owner shall be held

responsible for a leak or rupture of a CPD that occurs as a result of normal
agricultural activities.
4. No property owner or tenant or contractor of a property owner shall be held

responsible for a leak or rupture of a CPD where the owner or operator of the
CPD fails to maintain required warning signs.
5. This indemnification shall not relieve a property owner, or tenant, agent, or

contractor of such property owner, from their obligation to comply with the
Nebraska One-Call Notification System Act and any amendments thereto (Neb
Rev Stat §76-2301 to 76-2330), or relieve them of liability for their failure to do
so.
Severability and Separability: Should any portion of this act be deemed unlawful for any
reason or conflict with any existing state or federal law, that fact shall not affect any other
portion or section of this act and any unaffected sections or portions of this act shall stand in
effect.
Effective Date: This regulation shall take effect and be in force from and after the date of
adoption by the County Commission.
12


58
Bold Nebraska was at the heart of the fight to stop the
Keystone XL pipeline. Using a “small but mighty” model
that kept a small staff with a laser focus on the target
of stopping Keystone XL, Bold introduced a new way to
organize in a red state. Local and national groups worked
hand in hand to keep pressure on decision makers while
infusing creativity every step of the way.
59
BoldNebraska.org

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LANDOWNER &

COUNTY LEADER GUIDE

For county officials and zoning /

For general questions & media:

5 Top 8 Reasons to Oppose Risky Carbon

10 The Gassing of Satartia (excerpt)

14 Carbon Dioxide Pipelines: Dangerous and

20 PHMSA Investigation Report: 2020 CO2

24 Welcome to the 45Q Tax Credit

28 About Nebraska Easement Action Team /

36 How to Contact Your County Board

40 Model Nebraska County Ordinances for

Mellette South Dakota

Plymouth Cherokee Buena VistaPocahontas

rthur McPherson Logan Valley Greeley Colfax Dodge Wa

Hayes Frontier Gosper Phelps Adams Clay Fillmore Saline

Natural Gas Service Pipelines

New Gas Laterals (green)

Highly Populated Areas

0 ISSUED FOR REVIEW 2022-01-10

DATE: 7/28/2022 PROJECTION: NAD 83 DWG: SHEET: 1

Top 8 Reasons to Oppose

Top 8 Reasons to Oppose Risky Carbon Pipelines BoldNebraska.org

Of nearly $1 billion in carbon-capture tax credits sought through 2019, $893

Top 8 Reasons to Oppose Risky Carbon Pipelines BoldNebraska.org

“The Gassing of Satartia”

Carbon dioxide is an asphyxiant that displac-

The Gassing of Satartia (excerpt) BoldNebraska.org

300 N. Commercial St., Suite B, Bellingham, WA 98225 360-543-5686 www.pstrust.org

A Brief History of CO2 Pipelines in the United States

The U.S. has the most CO 2 Pipelines in the world

Carbon Dioxide Pipelines: Dangerous and Under-Regulated BoldNebraska.org

Three States of Transmission (Supercritical, Liquid, Gas)

• Federal regulations addressing supercritical CO2 pipelines must be amended to require

Impurities in CO2 Pipelines

Solutions for Advancing Safety in Federal Regulation of CO2 Pipelines

• Federal regulations need to be modified to assure federal standards apply to all CO 2

PHMSA needs to specifically identify how to incorporate fracture propagation protection on

Carbon Dioxide Pipelines: Dangerous and Under-Regulated BoldNebraska.org

Resources – (Experts & Important Media)

• Article – The Gassing of Satartia

For more information contact:

DEPARTMENT OF TRANSPORTATION’s PHMSA RELEASES INVESTIGATION INTO

Denbury Gulf Coast Pipeline CO2 Pipeline Failure Investigation Report

PHMSA released a long-anticipated investigatory report detailing the multitude of failures

1812 Cornwall Ave., Suite 200, Bellingham, WA 98225 360-543-5686 www.pstrust.org

Denbury Gulf Coast Pipeline Probable Violations of Federal Regulations

Advisory Bulletin Regarding Land-Movement

Investigation Report: 2020 CO2 Pipeline Leak in Satartia, MS BoldNebraska.org

New CO2 Pipeline Safety Regulations

Welcome to the 45Q

tions of cheating. [1] • Is the 45Q tax credit too generous?

Welcome to the 45Q Tax Credit Piggie Farm! BoldNebraska.org

earn from using the CO2 for EOR?

NEAT (https://NebraskaEasement.org) partners with groups like Bold Nebraska to engage in

What does N.E.A.T. offer landowners who join?

How can N.E.A.T. provide help to landowners at a low price?

About Nebraska Easement Action Team / Landowner FAQ BoldNebraska.org

“The Gassing of Satartia”