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Case No. 19-1644

Iowa Citizens For Community Improvement, and Food & Water Watch
v.
State of Iowa; Department of Natural Resources; Bruce Trautman, In His Official Capacity as Acting Director of the Department of Natural Resources; Environmental Protection Commission; Mary Boote, Nancy Couser, Lisa Gochenour, Rebecca Guinn, Howard Hill,

The supreme court granted the appellants’ (collectively, “the State’s”) application for interlocutory appeal to consider whether the district court erred in denying its motion to dismiss the petition filed by Iowa Citizens for Community Improvement and Food & Water Watch (collectively, “ICCI”). ICCI alleged violations of the due process clause of the Iowa Constitution and the common law, asserting the State has violated the public trust doctrine with respect to environmental regulation of the Raccoon River watershed. It seeks injunctive and declaratory relief including the invalidation of Iowa Code section 455B.177(3), which formally implements the “Iowa nutrient reduction strategy.” The State argues the district court erred when it: (1) failed to dismiss the petition because ICCI lacks standing to sue; (2) concluded ICCI’s claims for injunctive relief were justiciable, particularly that the political-question doctrine does not apply in Iowa or that the requested relief does not violate the doctrine of the separation of government powers; (3) concluded ICCI’s claims for declaratory relief were justiciable; and (4) concluded ICCI need not seek relief under Iowa’s Administrative Procedures Act.

County:
Polk

Appellees

Iowa Citizens For Community Improvement, and Food & Water Watch

Appellants

State of Iowa; Department of Natural Resources; Bruce Trautman, In His Official Capacity as Acting Director of the Department of Natural Resources; Environmental Protection Commission; Mary Boote, Nancy Couser, Lisa Gochenour, Rebecca Guinn, Howard Hill,

Attorneys for Appellees

Kellan R. Smith
Brent Newell
Roxanne Conlin
Devin Kelly
Tarah E. Heinzen
Channing Dutton

Attorneys for Appellants

Jeffrey S. Thompson
Jacob J. Larson
David S. Steward
Eric M. Dirth
Thomas J. Ogden

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