Iowa Supreme Court Hears Arguments in Farm Pollution Case This Week


Via Flickr

Nicole Welle | December 17, 2020

The Iowa Supreme Court heard arguments Wednesday on whether a lawsuit filed against the state of Iowa for allegedly allowing factory farms to pollute the Raccoon River should go to trial.

Food and Water Watch and Iowa Citizens for Community improvement filed the case back in 2019. The lawsuit claims that state officials and lawmakers are denying citizens’ rights to clean water for drinking and recreation under the Public Trust Doctrine by allowing crop and hog farmers to pollute the Raccoon River watershed, according to an Iowa Now article.

The Raccoon River is the main source of drinking water for 500,000 Iowans, and Des Moines water works is currently forced to run expensive treatment systems to maintain acceptable nitrate and other pollution levels. The river has exceeded federal nitrate limits for safe drinking water on multiple occasions over the past ten years and poses a health risk for for people and wildlife that rely on it as a safe water source. If the case goes to trial, it will urge the court to replace the state’s current policy allowing farmers to implement environmental practices voluntarily with mandatory limits on nitrogen and phosphorous pollution. It would also ask for a moratorium on new and expanding hog confinements to help limit manure runoff into Iowa’s waterways.

The state argued for the dismissal of the case on the grounds that, because the Iowa Constitution places responsibility of farmers’ interests and water quality on the legislature and executives, the court should not intervene in policy considerations on the matter. A judge denied the state’s motion to have the case thrown out back in September of 2019, and the court will likely make a decision on wether it will allow the case to go to trial in the next few months.

Any attempts to regulate agriculture in Iowa have been historically met with heavy opposition. Iowa leads the nation in corn and pork production, but a system that has such devastating effects on the environment and jeopardizes Iowans’ health and safety cannot continue without substantial reform. Environmental groups in Iowa have long called for policy changes that put mandatory limits on agricultural pollution. If this case is allowed to move forward and succeeds at trial, those changes could finally become a reality and move the state closer to to solving its contaminated water problem.

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