skip to main content

Monday, May 29, 2023

play newscast audioPlay

Advocates call for a climate peace clause in U.S.-E.U. trade talks, negotiations yield a tentative debt ceiling deal, an Idaho case unravels federal water protections, and a wet spring eases Iowa's drought.

play newscast audioPlay

Gold Star families gather to remember loved ones on Memorial Day, House Speaker Kevin McCarthy says the House will vote on a debt ceiling bill this week and America's mayors lay out their strategies for summertime public safety.

play newscast audioPlay

The growing number of "maternity care deserts" makes having a baby increasingly dangerous for rural Americans, a Colorado project is connecting neighbor to neighbor in an effort to help those suffering with mental health issues, and a school district in Maine is using teletherapy to tackle a similar challenge.

Iowa Supreme Court to Hear Raccoon River Lawsuit in 2020

play audio
Play

Wednesday, December 4, 2019   

DES MOINES, Iowa – A lawsuit over nutrient pollution in a portion of Iowa's Raccoon River will stretch into 2020 as arguments are heard by the Iowa Supreme Court.

A district judge has rejected the state's request to dismiss the lawsuit, brought by two nonprofits – Iowa Citizens for Community Improvement and Food and Water Watch. Instead, the state's high court will determine if the suit moves forward.

Brent Newell of California-based Public Justice, lead attorney for the plaintiffs, said he believes a common law known as the "public trust doctrine" has been violated.

"What this lawsuit does is, it sets out legal arguments for why that right exists in Iowa law, and why the state has a duty to protect the public's right to clean water," Newell said.

Iowa CCI and other groups have tried for years to slow the growth of the hog industry in Iowa. The lawsuit asks the court to order mandatory limits on nitrogen and phosphorous pollution entering the Raccoon River watershed. The portion of the river mentioned in the suit is between the Des Moines River confluence and the Dallas/Polk county line.

The suit also asks the courts to issue a moratorium on new and expanding hog-confinement facilities in the watershed. Abby Landhuis, a lobbyist with the Iowa CCI's Action Fund, said Iowans deserve clean water.

"There's a lot of factory farms upstream from the Raccoon River, and so, it is one of the most polluted waterways," said Landhuis. "And it's significant because it provides drinking water to all of the metro surrounding Des Moines, so that's half a million people."

Two years ago, a similar lawsuit filed by the Des Moines Water Works over high nitrate levels was dismissed by a federal judge who suggested Iowa's water quality is an issue for the Legislature. State lawmakers implemented the Iowa Nutrient Reduction Strategy – but Newell argued that, because it's only voluntary, it isn't enough.

"And clean water shouldn't be a blue issue, it shouldn't be a red issue," he said. "It is the right of Iowans to have clean water, and that's what we hope the Iowa Supreme Court will ultimately recognize."

Iowa's high levels of nitrogen and phosphorus contribute to the Gulf of Mexico dead zone each summer and exacerbate toxic blue-green algae blooms in Iowa's lakes.

Details of the lawsuit are online at publicjustice.net.


get more stories like this via email

In 2004, a couple from Priest Lake, Idaho, attempted to build a house but were stopped because of nearby protected wetlands. (Kirk Fisher/Adobe Stock)

Environment

play sound

A U.S. Supreme Court case that began in Idaho has weakened protections across the nation under the Clean Water Act. The justices on Thursday handed …


Social Issues

play sound

Minnesota legislators adopted a lot of major policies in this year's session, including actions to support workers in many different fields. State …

Environment

play sound

The nonprofit Trust for Public Land has published its annual ParkScore rankings, and some area cities are high on the list. Washington, D.C.…


The "Water Year" typically starts on Oct. 1, and represents the time when new water Iowa receives goes to help the next year's growing season. (Adobe Stock)

Environment

play sound

For the first time in nearly three years, the widespread drought that has had Iowa in its grip is predicted to end. The latest drought outlook says …

Health and Wellness

play sound

As the opioid epidemic continues to take its toll, a Virginia group is working to keep people safe. The Virginia Harm Reduction Coalition in Roanoke …

The Education Data Initiative reports fewer than half of borrowers, 43.8 million, have federal student loan debt. (Adobe Stock)

Social Issues

play sound

A new report outlined the importance of student debt relief to workers in New York and across the country. An American Federation of Teachers …

Health and Wellness

play sound

Extreme heat kills about 700 people in the United States each year, but a new toolkit and weather alerts can protect folks in Texas and beyond…

Health and Wellness

play sound

A new report cites a pressing need for better health-care support and better internet access for older adults in Alabama. The United Health …

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright © 2021