Iowa Public Trust Doctrine (Iowa CCI & FWW v. State of Iowa)
The Public Justice Food Project, Iowa Citizens for Community Improvement, and Food & Water Watch filed a lawsuit against the State of Iowa claiming that the state has violated its obligation to protect the Raccoon River for the use and benefit of all Iowans. This obligation is called the Public Trust Doctrine, which requires the state to protect the public’s use and not abdicate control to private interests. With well-documented water pollution and only voluntary agricultural pollution controls, our suit alleges that the state is failing to uphold its duty.
This lawsuit is a response to Iowa’s failed leadership, which has allowed the agribusiness industry to degrade Iowa’s waterways, leaving citizens with the burden of pollution and the cost of cleanup efforts. The suit seeks actionable, mandatory solutions that will restore the Raccoon River and make it safe for people to recreate in and for those who rely on it for drinking water.
The Raccoon River is the source of drinking water for some 500,000 Iowans. Des Moines Water Works, the largest water utility in Iowa, has one of the most expensive nitrate removal systems in the world. The utility’s struggle to provide safe drinking water to Des Moines residents was documented in its 2015 lawsuit against upstream counties alleging that their failure to regulate tile drains led to excessive amounts of dangerous nitrates in the utility’s Raccoon River source water.
- Complaint (Iowa PTD) (BriefComplaint)
- Memo Supporting Resistance to Motion to Dismiss (Iowa PTD) (BriefMisc. MotionsMotion to Dismiss)
- Order Denying Motion to Dismiss (Iowa PTD) (BriefCourt Order)
- Resistance to Application for Interlocutory Appeal (Iowa PTD) (Brief)
- Appellees Final Brief (Iowa PTD) (Brief)
- Amicus brief of GOFiSH & MCFU (Iowa PTD) (AmicusBrief)
- Amicus Brief of Des Moines Water Works (Iowa PTD) (AmicusBrief)
- Amicus brief of Drake Law Professors (Iowa PTD) (AmicusBrief)
- Amicus Brief of Iowa Farmers Union and Farm Aid (Iowa PTD) (AmicusBrief)
- Petition for rehearing (Iowa PTD) (BriefMotion to Reconsider)
- Exhibit to Petition for Rehearing (Iowa PTD) (BriefMotion to Reconsider)