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 (IA PTD) (BriefComplaint)
- Memo Supporting Resistance to Motion to Dismiss (IA PTD) (BriefMisc. MotionsMotion to Dismiss)
- Iowa Public Trust Doctrine - Order Denying Motion to Dismiss (BriefCourt Order)
- Iowa Public Trust Doctrine - Resistance to Application for Interlocutory Appeal (Brief)
- Iowa Public Trust Doctrine - Appellees Final Brief (Brief)
- Iowa Public Trust Doctrine - Amicus Brief GOFiSH & MCFU (AmicusBrief)
- Iowa Public Trust Doctrine - Des Moines Water Works (AmicusBrief)
- Iowa Public Trust Doctrine - Drake Law Professors (AmicusBrief)
- Iowa Public Trust Doctrine - Iowa Farmers Union and Farm Aid (AmicusBrief)
- Iowa Public Trust Doctrine - Petition for Rehearing (BriefMotion to Reconsider)
- Iowa Public Trust Doctrine - Exhibit to Petition for Rehearing (BriefMotion to Reconsider)