Neil Hamilton is the former director of the Drake Agricultural Law Center and professor emeritus at Drake University law school. He submitted an amicus curiae brief in this case on behalf of several Drake law professors, who urged the Iowa Supreme Court to define the political question doctrine narrowly in order to preserve “citizen’s access to the courts of Iowa for the vindication of their constitutional rights.”

In a closely decided 4-3 split ruling the Iowa Supreme Court rejected a case filed by Iowa Citizens for Community Action and Food and Water Watch alleging the state of Iowa failed to protect the interests of the public in the Raccoon River. The case involved an appeal from the Polk County District Court rejection of the state’s motion to dismiss the case. 

The majority ruled the district court’s decision should be reversed and the case dismissed, concluding the plaintiffs do not have standing to bring the suit, and their effort to use the public trust doctrine to establish the duty of state officials is a “nonjusticiable political question.” The majority’s ruling and analysis generated three separate dissenting opinions, all agreeing the case should move forward, in large part because the state had conceded the plaintiffs had standing and the merits of the public trust doctrine were not in question.

A reading of the majority opinion shows it was premised on a determination by the four justices to not involve the Court in the difficult and controversial political issues involving water quality in Iowa. This motivation was demonstrated in at least four ways:

Neil Hamilton shares remarks he delivered on “Iowa needs more nature imagination: Lessons from our missed opportunities“ at the Des Moines Area Community College Earth Day event on April 22. -promoted by Laura Belin

It is a pleasure to be with you as we celebrate Earth Day 51. Unfortunately, festivities for Earth Day 50 came and went with hardly a whisper, a casualty of our unfolding COVID pandemic. But even as our attention was drawn to the challenges we faced – the power of nature and being outdoors continued working on our lives. There are many lessons we will take from this shared experience but among the most significant is how it reaffirmed the valuable role nature plays in keeping us healthy and sane.

That is why it is fitting on Earth Day 51 as we emerge from our cocoons – we use this opportunity to think critically about our future with Iowa’s land and water. To do so it is important to consider some history – especially some of our most significant lost opportunities – and identify any lessons for the years ahead. The good news is we have a legion of conservation champions working to protect nature in Iowa and the ranks are growing.

The bad news we are still in the minority and face stiff headwinds.

Neil Hamilton: “It is almost impossible to find an Iowa farm family or ‘small business’ impacted by the estate tax, let alone one forced out of business.” -promoted by Laura Belin

Election season has brought the usual flood of TV commercials – generally trying to scare voters about the evils to expect if the opponent is elected. The ads are often marked by outlandish claims and even outright lies, but the ones deserving first prize for deception concern the so-called “death tax.” 

No doubt you have seen them with salt of the earth farmers claiming the death tax threatens the very existence of their family farm and of rural communities. Who knows, perhaps these folks even believe what the political consultants asked them to say – they have been brainwashed with the claims for so long.