Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

Recent news articles have reported on NexEra’s interest in restarting the Duane Arnold nuclear plant. We need to consider the consequences of such an action.

Restarting a closed reactor in decommissioning status has never been attempted. The Nuclear Regulatory Commission (NRC) admits there are no regulations authorizing the restart of a closed reactor. In order to restart Duane Arnold, NextEra will have to cobble together a daisy chain of existing regulations that is of doubtful legality, as is being attempted at the Palisades Nuclear Plant in Michigan. Nor is there any assurance that the operation could be done safely.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

In late June, six conservative U.S. Supreme Court justices overruled the Chevron doctrine in a case called Loper Bright v. Raimondo. The 40-year-old Chevron precedent had required courts to give deference to an administrative agency’s interpretation of the laws it administers and enforces.

This may sound like an issue only a lawyer would care about. But it has major implications for how government functions.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter. He wrote this essay after attending the Iowa Department of Natural Resources’ virtual public hearing about the new Chapter 65 regulations on February 19.

The Iowa Department of Natural Resources has been revising its regulations for animal feeding operations as dictated by Governor Kim Reynolds’ Executive Order 10, issued in early 2023.

Chapter 65 of the Iowa administrative code has long contained confusing and inadequate rules, which are open to manipulation by livestock producers and the DNR.

The DNR tried to revise the regulations recently to provide more protection for Iowa’s waters in areas of karst terrain. But the governor’s “Administrative Rules Coordinator” Nate Ristow blocked the proposed rule, because it would not reduce the “regulatory burden” on livestock producers.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

The Iowa Utilities Board has proposed companion bills on energy production in the Iowa legislature this year. The Sierra Club is focused on two provisions in House Study Bill 555 and Senate Study Bill 3075: including battery storage as part of an energy production facility, and designating nuclear power as an alternate energy production facility.

One of the primary criticisms of renewable energy, specifically wind and solar, is that they provide power intermittently. In other words, wind turbines don’t provide power when the wind isn’t blowing, and solar panels don’t provide power when the sun isn’t shining.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

In a May 25 decision, the U.S. Supreme Court greatly restricted the jurisdiction of the U.S. Environmental Protection Agency and the Army Corps of Engineers to protect wetlands under the Clean Water Act.

The Clean Water Act gives the agencies authority to protect “waters of the United States,” known as WOTUS. Constitutionally, the EPA and the Corps have jurisdiction over waters that affect interstate commerce. Certainly, interstate rivers like the Mississippi and the Missouri affect interstate commerce. And no one seriously argues that rivers and streams that flow into interstate rivers are not within the EPA’s and the Corps’ jurisdiction. But what about wetlands?

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

A Polk County District Court ruled on April 28 that the Iowa Department of Natural Resources (DNR) improperly approved Supreme Beef’s nutrient management plan.

Supreme Beef LLC is an 11,600-head cattle feeding operation in Clayton County. It sits at the headwaters of Bloody Run Creek, one of the most treasured trout streams in Iowa and officially designated as an Outstanding Iowa Water.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

Sierra Club has been opposed to the carbon dioxide pipelines that several corporations are trying to build across Iowa since the projects were first announced. The pipeline companies claim the capturing of carbon dioxide from ethanol plants will address climate change, save the ethanol industry, and provide economic benefits. There is no merit to any of these claims.

One thing we learned from the Dakota Access pipeline fight several years ago is that the crucial strategy to oppose the pipelines is to organize the impacted landowners into a unified opposition. Through the fantastic work of Sierra Club’s Conservation Program Coordinator, Jessica Mazour, the landowners have created a groundswell of opposition. Their efforts helped persuade Republican legislators to introduce bills that would restrict or prohibit the use of eminent domain for the pipelines.

State Representative Steven Holt introduced one of those bills. Initially numbered House File 368, it was renumbered House File 565 following approval by the House Judiciary Committee.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

Governor Kim Reynolds issued Executive Order 10 on January 10, requiring all state agencies, boards and commissions to repeal all existing administrative rules. These administrative rules are supposed to fill in the details of legislative intent when the legislature passes a law giving an agency, board, or commission authority to carry out its obligations under the statute.

A review of the order reveals what the governor is really up to.