Iowa’s high court stops lawsuit over farm runoff pollution

U.S. Court News

A sharply divided Iowa Supreme Court on Friday stopped a lawsuit aimed at reducing the flow of fertilizer and hog farm waste into the state’s river and streams, finding that limiting pollution from farms was a political matter and not one for the courts.

The 4-3 decision handed a significant defeat to environmental groups hoping to get the chance to prove that Iowa should scrap it’s voluntary farm pollution policy, order new mandatory limits on nitrogen and phosphorous pollution and stop construction of new hog barns.

It is the latest court rejection of an attempt to force the nation’s leading corn and pork producing state to clean up farm pollutants from its major rivers that provide drinking water to hundreds of thousands of Iowans.

The lawsuit, which was brought by Iowa Citizens for Community Improvement and Food & Water Watch, contended that unregulated farm pollution is violating the rights of citizens to clean water in the Raccoon River for recreational and drinking water use.

It said a legal concept that precedes Iowa statehood — the public trust doctrine — should apply to this case and require the state to ensure that citizens have a useable Raccoon River untainted by excess pollution caused by farm runoff of fertilizer and animal manure.

A state judge ruled in 2019 that the environmental groups sufficiently demonstrated that they suffered injury because the river’s untreated water is too polluted to enjoy recreationally or aesthetically. The state appealed the ruling and asked the court to dismiss the lawsuit.

Four of the court’s conservative justices said the environmental groups didn’t show that the state’s actions had caused a concrete injury the courts could fix. They also said the public trust doctrine historically hasn’t been used to solve a problem as complex as the environmental issues raised, and that the issues at the heart of the case were political questions that would fall to the Legislature to settle.

“There is not enough here to demonstrate that a favorable outcome in this case is likely to redress the plaintiffs’ alleged reduced ability to kayak, swim, or enjoy views of the Raccoon River, or would save them money on drinking water. The plaintiffs’ claims must therefore be dismissed for lack of standing,” Justice Edward Mansfield wrote for the majority.


He said the Des Moines Water Works would have better standing to sue, but he pointed out that the utility already did so and lost a 2017 federal court case that was also dismissed.


 


The utility filed a brief with the state Supreme Court saying it was pursuing the development of alternate sources of water but that its long-range plans involve the implementation of new treatment technologies that would cost customers tens of millions of dollars.

Related listings

  • Schumer recommending 2 voting rights lawyers to be judges

    Schumer recommending 2 voting rights lawyers to be judges

    U.S. Court News 06/07/2021

    The Senate’s top Democrat is recommending President Joe Biden nominate two prominent voting rights attorneys to serve as judges on the 2nd U.S. Circuit Court of Appeals and on the federal bench in Manhattan. Sen. Chuck Schumer has recommended t...

  • Lawsuit seeks Confederate statue’s removal from courthouse

    Lawsuit seeks Confederate statue’s removal from courthouse

    U.S. Court News 05/05/2021

    Civil rights advocates sued a Maryland county on Wednesday to seek the court-ordered removal of a Confederate monument from a courthouse lawn on the state’s Eastern Shore, calling it a racist symbol of oppression.In their federal lawsuit, an NA...

  • Supreme Court asked to give access to secretive court’s work

    Supreme Court asked to give access to secretive court’s work

    U.S. Court News 04/19/2021

    Civil liberties groups are asking the Supreme Court to give the public access to opinions of the secretive court that reviews bulk email collection, warrantless internet searches and other government surveillance programs.The groups say in an appeal ...

Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.