Iowa's recreational land use immunity doctrine .....

by: MaryWolfe

Mon May 13, 2013 at 16:45:00 PM CDT

There have been many questions/concerns raised by the Iowa Supreme Court's recent ruling in Sallee v. Stewart, in which the Court was asked to interpret Iowa's Recreational Land Use Immunity doctrine. Like most of my colleagues, I've read the relevant court cases and studied the applicable statutes, and I've reviewed House File 605, the Farm Bureau's proposed bill intended to fix the "crisis" allegedly created by the Sallee ruling - and like many others, I've concluded that the actual impact of the Sallee ruling on Iowa's recreational land use immunity doctrine is minimal, and that the Farm Bureau's proposed legislation is an over-reaction to Sallee's extremely narrow holding.

Shorter EPA: Iowa's nutrient reduction strategy needs a lot of work

by: desmoinesdem

Fri Jan 11, 2013 at 09:10:00 AM CST

The Iowa DNR was responsible for drafting the "point source" part of the nutrient strategy, which addresses municipal and industrial discharges (such as from wastewater treatment facilities) into rivers and streams. The EPA submitted only minor suggestions for improving the point source section.

Iowa citizens and advocacy groups have until January 18 to comment on the nutrient strategy.

Two views of Iowa's strategy on key water pollution problem

by: desmoinesdem

Wed Jan 09, 2013 at 11:40:00 AM CST

Interest groups aligned with corporate agriculture had extensive input while the Iowa Department of Agriculture and Land Stewardship drafted its part of the nutrient reduction strategy, even shutting out the Iowa DNR's experts on agricultural runoff. For more background on the proposed state policy, which relies on voluntary efforts to curb pollution from farms, click here or here.

Iowans have until January 18 to comment on the nutrient strategy. Many groups and individuals have already submitted their feedback. After the jump I've posted comments from the Iowa Farm Bureau Federation and the Sierra Club Iowa Chapter. The contrast is striking.  

Iowa State limiting academic freedom at Harkin Institute

by: desmoinesdem

Wed Dec 05, 2012 at 06:40:00 AM CST

Lawmaker seeking longer public comment period on Iowa water quality policy

by: desmoinesdem

Wed Nov 28, 2012 at 10:15:00 AM CST

Isenhart, the ranking Democrat on the Iowa House Environmental Protection Committee, pointed out that a 30-day extension of the comment period would allow for feedback from the Watershed Planning Advisory Council and from relevant Iowa House and Senate committees. The legislature's 2013 session will open on January 14, ten days after the current public comment period expires.

Isenhart also suggested that an extension would be fair to stakeholder groups and members of the public who didn't have the "privilege" of reading the draft nutrient strategy before last week. Stakeholders whose leaders got a "head start" on reviewing the policy before the official roll-out include agricultural commodity groups, the Iowa Farm Bureau Federation, the Iowa League of Cities, the Iowa Association of Business and Industry, and the Iowa Waste Water Association.

The full text of Isenhart's letter is below. Last month Gipp denied a request to extend public comments on a complex air quality permit linked to a large fertilizer plant construction project.

Big ag interests writing new state policy on farm runoff

by: desmoinesdem

Fri Nov 16, 2012 at 10:02:52 AM CST

Policy statements from the Iowa Farm Bureau Federation were lifted almost verbatim for a new state plan to reduce runoff from farms, according to an exclusive report by Perry Beeman in today's Des Moines Register.

Iowa Senate district 6: Mary Bruner vs Mark Segebart

by: desmoinesdem

Mon Nov 05, 2012 at 17:10:13 PM CST

Four strategies for interest group Iowa legislative endorsements

by: desmoinesdem

Mon Nov 05, 2012 at 07:47:54 AM CST

Iowa's influential political action committees and advocacy groups have very different ways of getting involved in the state legislative campaign. Follow me after the jump for examples of four distinct strategies.

A few links on making Iowa's water cleaner (updated)

by: desmoinesdem

Thu Oct 04, 2012 at 07:45:00 AM CDT

Iowa Senate district 30: Jeff Danielson and Matt Reisetter up on tv

by: desmoinesdem

Wed Sep 12, 2012 at 11:54:21 AM CDT

Branstad begging for a lawsuit on electrical inspections

by: desmoinesdem

Mon Jul 02, 2012 at 09:15:00 AM CDT

Weekend open thread: Iowa rivers and lakes edition

by: desmoinesdem

Sun May 20, 2012 at 13:00:14 PM CDT

This is an open thread: all topics welcome.

Iowa Farm Bureau to appeal ruling upholding water quality rule

by: desmoinesdem

Wed Apr 11, 2012 at 08:26:24 AM CDT

Court ruling is huge victory for Iowa water quality

by: desmoinesdem

Tue Apr 03, 2012 at 11:34:22 AM CDT

Iowa Farm Bureau delegates vote out Craig Lang as president

by: desmoinesdem

Fri Dec 09, 2011 at 15:43:41 PM CST

Iowa Farm Bureau rejects conservation compliance requirement

by: desmoinesdem

Thu Sep 01, 2011 at 13:16:03 PM CDT

Weekend open thread: Anything but the Ames straw poll

by: desmoinesdem

Sun Aug 14, 2011 at 16:00:19 PM CDT

Environmental group slams Iowa Farm Bureau bid to "harass and intimidate"

by: desmoinesdem

Fri Aug 12, 2011 at 08:17:41 AM CDT

Friend of big ag gets number two Iowa DNR job

by: desmoinesdem

Wed Jul 27, 2011 at 15:08:10 PM CDT

Governor Terry Branstad's administration advocated moving water programs to IDALS earlier this year, around the same time he stacked the Environmental Protection Commission with friends of agribusiness. Critics pointed out that the DNR had been praised for its efficient use of federal water quality funding. Moreover, it is illogical to move Clean Water Act compliance from a department that exists to "conserve and enhance our natural resources" to a department that exists "to encourage, promote, market, and advance the interests of agriculture." Iowa House Republicans (assisted by some Democrats) approved a bill transferring some water programs to the agriculture department, but the proposal never cleared the Iowa Senate.

In May, Branstad's DNR director Roger Lande announced major staff cuts, including three full-time and three contract positions solely focused on water monitoring. (Lande didn't cut full-time employees from any DNR division besides the Geological and Water Survey Bureau.) At that time, DNR stream monitoring coordinator Mary Skopec warned, "This is definitely going to impact our ability to do data management and lake monitoring." The cuts serve the interests of industrial agriculture, because collecting fewer samples from lakes and streams makes it less likely that any polluted waterway will be labeled "impaired."

Gipp's appointment looks like part of the same strategy to give agribusiness more control over how, when and where the DNR monitors Iowa waters. The deputy director handles a lot of day-to-day management for the large department. Gipp is a longtime dairy farmer and member of the Iowa Farm Bureau. He served in the Iowa House for 18 years, rising to the position of majority leader under Republican Speaker Chris Rants. He chose not to seek re-election in 2008, and Republican Secretary of Agriculture Bill Northey named him to head the IDALS Division of Soil Conservation. The Cedar Rapids Gazette reported,

Gipp, a lifelong dairy farmer who is respected in both production agriculture and environmental circles, said he hopes to foster understanding and cooperation between the two often-opposed groups.

"Both are important to Iowans, and we need to bring both sides together and strike a sustainable balance," Gipp, 63, of Decorah, said.

It's news to me that Gipp is respected in environmental circles. I can't recall any instance of him using his authority as Iowa House majority leader to promote environmental protection. By all accounts Gipp did an adequate job overseeing soil conservation programs used by some farmers, but relying solely on voluntary measures (the Iowa Farm Bureau-approved method) hasn't solved our water quality problems.

I recognize that Iowa state government will balance the DNR's needs with those of the agriculture department, but that's not what appears to be happening here. Having failed to move water programs to IDALS, the Branstad administration is giving IDALS substantial influence over DNR internal policies and practices. In a July 26 press release, Lande praised Gipp as "someone who is not only very dedicated and knowledgeable about conservation of our natural resources but also a very talented individual in working with our stakeholders and Legislature." I hope Gipp proves me wrong, but I'm not encouraged to see him hired less than a week after the DNR's top environmental regulator was pushed out the door.

UPDATE: Iowa Citizens for Community Improvement highlighted Gipp's legislative votes against any meaningful regulation of factory farm pollution. Details are after the jump.

ISU professor sounds alarm about future of Leopold Center

by: desmoinesdem

Wed Mar 09, 2011 at 14:10:31 PM CST

The impending departure of the Leopold Center's interim director prompted Liebman's letter. He notes the "rapid turnover" and "absence of stable leadership" at Leopold since 2005, as well as the "failed and controversial national search to fill the director position" last year. Bleeding Heartland covered that fiasco here and here. Following a national search, ISU offered the top job at Leopold to plant pathologist Frank Louws, the preferred candidate of the Iowa Farm Bureau. Corn expert Ricardo Salvador had received higher evaluations from the search committee, but ISU didn't offer him the job even after Louws turned down the position. Since then, the Leopold Center has had interim leadership with no target date set for another director search.

In his letter to Geoffroy, Liebman said the "sense of uncertainty as to the Center's future has also created wariness among those who might be applicants for the director's position if and when a new search is initiated." He reminded the ISU president that the 1987 Iowa Groundwater Protection Act defined a three-fold mission for the Leopold Center:

(1) identify the negative environmental and socioeconomic impacts of existing agricultural practices, (2) research and assist the development of alternative, more sustainable agricultural practices, and (3) inform the agricultural community and general public of the Center's findings. It is important to recognize that this mandate creates, by design, a dynamic tension between conventional and alternative forms of agriculture. This tension is a healthy part of the Center's work; it does not indicate the Center is failing to fulfill its mission or communicate effectively. The Center has a particular responsibility to focus on the environmental problems of agriculture and their solution.

In order to "to put the Center back on track and foster circumstances that would be conducive to a national search for a permanent director," Liebman argued that the ISU administration

needs to demonstrate its unequivocal support for the Leopold Center's three-part mandate. Specifically, it needs to re-affirm and embrace the Center's work in defining the shortcomings of current agricultural systems, developing alternatives, and communicating findings. Without a clear indication from the university administration that dissenting opinions about agricultural sustainability are welcome and expected, I think it will be impossible to find a nationally renowned permanent Center director who personifies excellence in scholarship, communication, and service. The absence of a national search would indicate to many observers that the university no longer prioritizes a vibrant and widely respected Leopold Center.

Second, the university administration should move supervision of the Leopold Center to the offices of ISU's President or Vice President for Research and Economic Development. [...] The university would provide more prominence to the Leopold Center and enhance its impact by placing supervision of the Center at a higher administrative level, above the College of Agriculture and Life Sciences.

ISU's Dean of Agriculture Wendy Wintersteen was widely criticized last year for her handling of the Leopold Center director search. Not only did she pass over the search committee's top candidate, she informed Salvador that he did not get the job before her first choice had decided whether to accept the position. Salvador is highly regarded in the sustainable agriculture community and appeared in the documentary "King Corn."

The Leopold Center's work deserves more support from the university administration. ISU alumni or others with a connection to the university, please consider adding your voice to those urging Geoffroy to preserve the center's excellence by increasing its independence.