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

by: MaryWolfe

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

(Interesting commentary by an attorney and Iowa House member about a recent Iowa Supreme Court ruling and the bill drafted in response. - promoted by desmoinesdem)

cross-posted with permission from State Representative Mary Wolfe's blog

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.

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Record nitrate levels are wake-up call on Iowa water

by: desmoinesdem

Mon May 13, 2013 at 16:25:00 PM CDT

The Des Moines Water Works provides drinking water for roughly 500,000 people in central Iowa, about one-sixth of the state's population. The utility owns the world's largest nitrate-removal system, larger than those operated by cities ten times the size of the Des Moines metro area. Last Friday, that facility was switched on for the first time in nearly six years when "levels of health-threatening nitrates hit records in both the Des Moines and Raccoon rivers."

The news should be a wake-up call to state leaders: Iowa needs more than a voluntary strategy to reduce nutrients in our waterways. Not only are many of our rivers too polluted to support aquatic life, they are becoming more difficult and expensive to purify for drinking water. Nitrate levels are high in other parts of Iowa too, not only in the Des Moines area.

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Another Iowa legislative victory for Big Ag

by: desmoinesdem

Wed May 08, 2013 at 09:49:00 AM CDT

Factory farm advocates failed in 2009 to circumvent the Iowa DNR's rulemaking on applying manure over frozen and snow-covered ground. Then they failed in 2010 to win passage of a bill designed to weaken Iowa's newly-adopted regulations on manure storage and application.

But this year, the Iowa Pork Producers Association succeeded in convincing state lawmakers to relax requirements for CAFO operators to be able to store their own manure properly. All they had to do was dress up their effort as an attempt to help families with aspiring young farmers.

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IA-Sen: Latest comments from Joni Ernst, Bill Northey (updated)

by: desmoinesdem

Wed Apr 24, 2013 at 11:20:00 AM CDT

Shortly after Lieutenant Governor Kim Reynolds ruled out running for U.S. Senate next year, Republican State Senator Joni Ernst posted on Facebook, "I will be considering a run for US Senate."

Today Ernst and Iowa Secretary of Agriculture Bill Northey discussed the factors influencing their decision on whether to run for Senate.

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Earth Day open thread

by: desmoinesdem

Mon Apr 22, 2013 at 20:17:00 PM CDT

What's on your mind this Earth Day, Bleeding Heartland readers? This is an open thread: all topics welcome.

Today I had the pleasure of watching my friend and personal hero, 1000 Friends of Iowa co-founder LaVon Griffieon, educate groups of elementary school students about soil conservation. She carved up an apple to illustrate how little of the earth's surface is arable land, and by extension why we need to preserve our farmland. Several versions of this "apple earth" demo are available on YouTube. I've posted a couple of examples after the jump.

Speaking of our priceless Iowa farmground, Iowa State University is collecting data on soil erosion here. The researchers are interested in photographs of farm fields that have "experienced substantial soil movement or loss" due to spring rainstorms. You can submit photos to the Iowa Daily Erosion Project in the ISU Department of Agronomy.

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Iowa House votes to relax manure storage rules for CAFOs (updated)

by: desmoinesdem

Tue Apr 02, 2013 at 07:15:00 AM CDT

In an ideal world, evidence that more than half of Midwest rivers and streams can't support aquatic life would inspire policy-makers to clean up our waterways. Rivers that are suitable for swimming, fishing, and other recreation can be a huge economic engine for Iowa communities.

We live in Iowa, where most of our lawmakers take the Patty Judge view: "Iowa is an agricultural state and anyone who doesn't like it can leave in any of four directions."

Yesterday the Iowa House approved a bill to relax manure storage regulations for large confined animal feeding operations (CAFOs). All of the House Republicans and two-thirds of the Democrats supported this bad legislation. Details on the bill and the House vote are below.

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More than half of U.S. rivers "in poor condition for aquatic life"

by: desmoinesdem

Tue Mar 26, 2013 at 20:40:00 PM CDT

After testing waterways at about 2,000 sites during 2008 and 2009, the U.S. Environmental Protection Agency has concluded that 55 percent of rivers and streams in the country are "in poor condition for aquatic life." One of the biggest problems was nutrient pollution from excessive levels of nitrogen and phosphorus. Reduced vegetation cover near streams also contributed to poor water quality. Only 21 percent of U.S. river and stream length was judged to be in "good" condition, with another 23 percent in "fair" condition.

Compared to an EPA survey conducted in 2004, the latest data show a smaller percentage of rivers and streams in good condition and a higher percentage in poor condition.

An EPA summary of the key findings is after the jump. You can find more data on the National Aquatic Resource Surveys here, including this two-page fact sheet (pdf) and the full draft report (pdf). Iowa is part of the "temperate plains" region, discussed on pages 78 through 80 of that report. I've posted an excerpt below. Only 15 percent of rivers and streams in the temperate plains region were judged to be in good condition; 55 percent were in poor condition.

Iowa should reject the all-voluntary nutrient reduction strategy favored by agricultural interest groups. Given the awful state of our rivers and streams, we need some mandatory steps to reduce nutrient pollution, including numeric standards for nitrogen and phosphorus. Both EPA staff and environmental advocates in Iowa have called for strengthening the nutrient reduction strategy. Unfortunately, Iowa Secretary of Agriculture Bill Northey has a firmly closed mind.  

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Senate, House avert government shutdown: How the Iowans voted

by: desmoinesdem

Fri Mar 22, 2013 at 09:45:00 AM CDT

This week Congress approved a continuing spending resolution to fund the federal government through the end of the current fiscal year on September 30. Iowa's delegation split on this compromise, but not strictly along party lines. Details on the budget compromise and how the Iowans voted are after the jump.
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Six links to mark the International Day of Action for Rivers

by: desmoinesdem

Thu Mar 14, 2013 at 20:15:00 PM CDT

March 14 is the International Day of Action for Rivers. These stories about water pollution and the economic potential of healthy rivers are worth a read.

Contrary to what agribusiness industry lobbyists would have you believe, a majority of Iowa farmers "support expanding conservation requirements for soil erosion and the control of nitrogen and phosphorous runoff."

Iowa's confined animal feeding operations (CAFOs or factory livestock farms) create more untreated manure annually than the total sewage output of the U.S. population.

Aging sewer systems in urban areas also allow too much sewage to leak into watersheds. The I-JOBS infrastructure bonding initiative (signed into law by Governor Chet Culver) included some money to improve sewer systems in Iowa, but we need to do much more on this front.

Iowa Rivers Revival Executive Director Rosalyn Lehman recently published a call to revive Iowa's rivers in the Des Moines Register. I've posted excerpts from her guest editorial after the jump.

The Metro Waste Authority has created an Adopt a Stream website, with "resources to help you organize a stream cleanup in the Greater Des Moines area."

Dam removal as part of a river restoration project supports local economic activity as well as the environment.

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New jobs for former lawmakers and another term for Regent Craig Lang

by: desmoinesdem

Fri Mar 01, 2013 at 10:50:00 AM CST

Governor Terry Branstad announced a long list of appointees to state boards and commissions today. I've posted the full press release after the jump, along with background on some of the most newsworthy nominations. The governor tapped several former state lawmakers or candidates for the legislature, as well as his younger son, Marcus Branstad.
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Iowa Congressional voting on the environment: Not a pretty picture

by: desmoinesdem

Thu Feb 21, 2013 at 10:55:00 AM CST

The future of Iowa's Congressional representation is not encouraging, judging from the latest League of Conservation Voters' scorecard.
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IA-Gov: Tom Vilsack thinking about a comeback?

by: desmoinesdem

Tue Feb 19, 2013 at 08:02:00 AM CST

U.S. Secretary of Agriculture Tom Vilsack may be thinking about running for Iowa governor again in 2014, according to one of his longtime friends.

UPDATE: Vilsack stopped by the Iowa capitol on February 19 to meet with statehouse Democrats. According to State Representative Marti Anderson, he came to "talk about the looming sequester in DC. and other Food, Farm, and Jobs issues from USDA."

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ISU losing Harkin papers

by: desmoinesdem

Wed Feb 06, 2013 at 09:16:48 AM CST

Yesterday Senator Tom Harkin withdrew his offer to donate his papers to Iowa State University, in effect dooming the Harkin Institute of Public Policy created there in 2011.
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Iowa reaction to latest immigration reform proposals (updated)

by: desmoinesdem

Tue Jan 29, 2013 at 15:02:35 PM CST

About an hour ago, President Barack Obama finished speaking to a Nevada audience about basic principles for comprehensive immigration reform. Yesterday four Democratic and four Republican U.S. senators unveiled a framework for a new immigration reform bill. Links and details about those proposals are after the jump, along with recent comments about immigration by some of the Iowans in Congress. I will update this post as needed with further reaction.
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Voluntary Nutrient Reduction Strategy Will Not Work

by: Francis Thicke

Thu Jan 24, 2013 at 20:30:15 PM CST

(The author is an organic farmer with a Phd in soil science. He was the Democratic nominee for Iowa Secretary of Agriculture in 2010. - promoted by desmoinesdem)

We have been hearing a lot of hype from Iowa Secretary of Agriculture Bill Northey about how the voluntary approach to changing agricultural practices to improve water quality -- as proposed in the Nutrient Reduction Strategy (NRS) -- will be effective.  However, my experience in over 25 years of work on water quality tells me that this is very naive thinking at best, and deceptive to the public at worst.  Below are the comments on the NRS that I submitted a few days ago.
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Iowa Secretary of Agriculture rules out big changes to water quality strategy

by: desmoinesdem

Wed Jan 23, 2013 at 14:10:00 PM CST

The public comment period on Iowa's draft strategy to reduce nitrogen and phosphorous pollution in waterways ended on January 18. Iowa Secretary of Agriculture Bill Northey indicated this week that policy-makers aren't open to key changes suggested by the U.S. Environmental Protection Agency and advocates for cleaner water.
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Tom Vilsack to stay at USDA

by: desmoinesdem

Mon Jan 14, 2013 at 11:15:00 AM CST

Multiple news sources are reporting today that as expected, Tom Vilsack will stay in President Barack Obama's cabinet as U.S. Secretary of Agriculture.

The USDA has a budget of about $150 billion and is the third-biggest cabinet agency in spending after Defense and Health and Human Services. Food stamps for needy families account for about half of the department's spending, with the remainder taken up by other nutrition programs and subsidies for farmers such as insurance for crops including corn, wheat and cotton.

Working on a new long-term farm bill will be a major task for Congress this year. The "fiscal cliff" deal extended some but not all important farm programs temporarily.

Vilsack may tangle with Representative Steve King, who just became chairman of the House Agriculture subcommittee on Department Operations, Oversight, and Nutrition.

Any relevant comments are welcome in this thread. In other Obama cabinet news, Janet Napolitano will keep her job as head of the Department of Homeland Security.

UPDATE: Interesting trivia courtesy of Alan Bjerga: "Should he serve until 2017, the former Iowa governor would be the first person to head the Department of Agriculture for two terms since Orville Freeman led the agency under presidents John Kennedy and Lyndon Johnson in the 1960s."

SECOND UPDATE: Added a statement from Vilsack after the jump.

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Weekend open thread: Money matters

by: desmoinesdem

Sun Jan 13, 2013 at 08:19:45 AM CST

What's on your mind this weekend, Bleeding Heartland readers? This is an open thread.

After the jump I've posted a bunch of links about finances and spending, large and small.

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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 U.S. Environmental Protection Agency submitted lengthy comments this week on Iowa's draft strategy for reducing nutrients in waterways. I've posted the full text of EPA Region 7 Administrator Karl Brooks' letter after the jump. The EPA found more problems with the "nonpoint source" part of the strategy, which primarily addresses runoff from farms. The Iowa Department of Agriculture and Land Stewardship drafted the nonpoint source part of the nutrient strategy, largely without input from Iowa Department of Natural Resources staff who are experts on agricultural runoff. Under "general comments," the EPA confirmed that rejecting numeric criteria for nutrient pollution from farms "does not reflect the EPA's current thinking." The Iowa Farm Bureau Federation applauded that aspect of the nutrient strategy. We'll see whose view holds sway in the final version.

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.

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

by: desmoinesdem

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

Last week the Iowa Department of Natural Resources extended the public comment period on the state's proposed strategy "to assess and reduce nutrients delivered to Iowa waterways and the Gulf of Mexico." Nutrients have become "Iowa's most widespread water pollution problem" and are the primary cause of the gulf's "dead zone." The Environmental Working Group's recent report on "Murky Waters" explains the causes of Iowa's chronically poor water quality.

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.  

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