The Iowa Supreme Court on June 18 by a 4-3 vote dismissed a case alleging Iowa regulators violated state law by failing to protect the Raccoon River, a drinking source for about 500,000 Iowans in the greater Des Moines area, according to Bloomberg Law.
The plaintiffs, Iowa Citizens for Community Improvement and Food & Water Watch, failed to establish they suffered a concrete injury that a favorable ruling was likely to redress, and therefore lacked standing to bring the case, according to the majority, which said the lawsuit sought “broad abstract declarations” and sought to “repurpose” the state’s public trust doctrine to solve a complex environmental problem.
“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,” wrote Justice Edward Mansfield.
The high court reversed a lower court’s ruling and remanded the case with instructions to dismiss the petition.
Justice Christopher McDonald, in a dissent, said the plaintiffs’ assertion that the state failed to regulate agricultural nitrogen and phosphorus entering the Raccoon River and substantially impairs the waterway “certainly satisfies” their standing in the case. “The plaintiffs do not need to show that the requested relief will solve the problem completely, but only that it will do some good,” he said.
The plaintiffs sued the state’s Department of Natural Resources and others in March 2019 (GM March 29, 2019) for allegedly failing to protect the public’s use of the Raccoon River. They claimed that Iowa’s agricultural production causes runoff that pollutes Iowa’s water bodies, including the Raccoon River. The Iowa Department of Natural Resources has classified parts of the Raccoon River as impaired for nitrate because they fail to meet federal Class C drinking water standards.
The plaintiffs asked for declaratory relief, an order requiring the state to adopt a remedial plan with mandatory agriculture water pollution controls, and an order prohibiting expansion of animal feeding operations in the river’s watershed.
Their case relies on the public trust doctrine, which is based on the notion that the state is a steward of Iowa’s natural resources and should protect the public’s right of access to public water, which is both in the common law and the Iowa Constitution.
The plaintiffs said they are considering their legal options. “Iowans have a right to clean water – guaranteed by our constitution under the public trust doctrine, and the state has a duty to protect that right,” said Adam Mason, State Policy Organizing Director for Iowa Citizens for Community Improvement.
In 2015, the Des Moines Water Works (DMWW), the largest water utility in Iowa, which has one of the most expensive nitrate removal systems in the world, sued three drainage districts over high levels of nitrogen going into the river. The Iowa Supreme Court ruled against DMWW and the case went to federal court, where a judge dismissed it saying that the pollution was an issue for the legislature to address (GM April 14, 2017).