Iowa Public Trust Doctrine (Iowa CCI & FWW v. State of Iowa)

Iowa Public Trust Doctrine (Iowa CCI & FWW v. State of Iowa)

FarmSTAND (formerly the Food Project at Public Justice), 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 alleged that the state is failing to uphold its duty.

The Iowa Supreme Court ruled against our clients, deciding that a favorable decision in the case would not remedy the harm from pollution in the Raccoon River and that the lawsuit raised political questions that the legislature, not the courts, should resolve. Until further action is taken, industrial agricultural runoff will continue to pollute the river unimpeded, and Iowans’ right to clean water will remain a right without a remedy. Our clients continue their fight for the right to clean water.

This lawsuit was 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 sought 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.