The authors of this post are Dani Replogle, a staff attorney with the national advocacy group Food & Water Watch, and Michael Schmidt, a staff attorney with the Iowa Environmental Council.

Safe, clean drinking water is a basic human right. In Iowa, that right is under serious threat as nitrate-laden pollution piles up, and state cancer levels rise unchecked. It’s time for the U.S. Environmental Protection Agency (EPA) to step in. We filed a petition last week demanding just that.

Iowans have industrial agriculture to blame for worsening water quality. Over the past twenty years, concentrated animal feeding operations (CAFOs) have steadily replaced family-scale operations statewide. Today, Iowa is home to far more of these enormous polluting operations than any other state. As Big Ag moved in, they consolidated control in Des Moines, permeating state government to tilt the scales in favor of industry.

Robin Opsahl covers the state legislature and politics for Iowa Capital Dispatch, where this article first appeared.

In their final days of the 2024 legislative session, Iowa lawmakers approved $8.9 billion in state spending for the upcoming year, financing the state government and public services. Most of those decisions now await a thumbs up or down from the governor.

Appropriations bills included funding for topics discussed often this session, like increasing pay for Iowa judges, as well as spending cuts to Area Education Agencies (AEAs), the provider of special education and other school support services in Iowa.

Budget bills can also include policy components. This year, language restricting on diversity, equity and inclusion programs at the state’s public universities was passed as part of the education spending bill.

Downstream of the Dunning’s Spring waterfall in Decorah; photo by Ralf Broskvar, available via Shutterstock.

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Given Iowa’s 721 polluted waterways, it’s clear current factory farm rules and regulations don’t adequately safeguard water quality or public health. Stronger regulations on concentrated animal feeding operations (CAFOs) are needed to protect water quality from worsening.

Yet a section of Senate File 2370—passed by the Senate along party lines and now pending in the Iowa House—would permanently prohibit the Iowa Department of Natural Resources (DNR) from strengthening CAFO regulations. The bill, which Governor Kim Reynolds’ office introduced, would codify the governor’s Executive Order Number 10, issued last year. That order required every state agency to conduct a comprehensive overhaul of the Iowa Administrative Code in order to promote private sector development.

Autumn View from Fire Point at Effigy mounds National Monument, photo by National Park Service

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board dockets in opposition to the pipeline. Her most recent objections can be found here and here. She has neither sought nor received funding for her work.

In September 2023, Bleeding Heartland posted estimates of proposed water use for thirteen partner ethanol plants along the Summit Carbon pipeline. The estimates were based on the testimony of James “Jimmy” Powell, chief operating officer for Summit, and they included the Absolute Energy St. Ansgar facility, which Summit Carbon announced had been added to the route in June 2023.

But much has changed since that story was published. The number of ethanol plants now on the proposed Iowa route has risen to 30 with the inclusion of the POET and Valero facilities.

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.

Photo of Allen Bonini at Lincoln’s Tomb in Oak Ridge National Cemetery (Springfield, Illinois) provided by the author and published with permission.

Allen Bonini retired in January 2021 after nearly 45 years as an environmental professional, serving in various technical, managerial and leadership positions in water quality, recycling and solid waste across the states of Iowa, Minnesota, and Illinois. Most recently, he served fifteen and a half years as the supervisor of the Watershed Improvement Section at the Iowa Department of Natural Resources. In retirement he continues to advocate for responsible public policy and actions to improve and protect water quality in Iowa.

I devoted my entire 44 year professional career trying to protect and improve our environment across three Midwestern states. I tried to do that through the policies, programs and advocacy I’ve been involved with and/or led. Some who know me personally know I rarely back down from a fight or am afraid to call out injustices or wrong-headed decisions by organizational leadership—whether in state, regional or local governments or in corporate America (all of which I’ve served in one or more capacities throughout my career).

A select few of you know I believe “sometimes you have to play hardball.” That sums up my view of where we need to go in terms of the efforts to clean up our water and other natural resources here in Iowa. 

My fellow environmental colleagues, it’s time to recognize you don’t win an alley fight by bringing an olive branch, and you don’t take a knife to a gun fight.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

A labyrinth of limited liability companies own numerous animal feeding operations in Clarke County that continue to rely on the city of Osceola’s depleted water supply, even as city residents face restrictions since the Osceola Water Works Board of Trustees declared a water emergency on October 5.

A search of the Iowa Department of Natural Resources’ (DNR) animal feeding operation website identifies 27 animal feeding operations in Clarke County. The chart below identifies these facilities, the majority of which appear to house hogs in enclosed structures commonly known as confined animal feeding operations, or CAFOs.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

A Polk County District Court has dismissed a legal challenge to a water permit linked to Summit Carbon Solutions’ proposed CO2 pipeline. But the attorney for the petitioners indicated this won’t be the last attempt to derail the permits Summit-linked LLCs will need for carbon capture facilities.

As Bleeding Heartland previously reported, the suit filed by Kimberly Junker, Candice Brandau Larson, and Kathy Carter sought to review the decision by the Iowa Department of Natural Resources (DNR) to issue “a water withdrawal permit pursuant to Iowa Code § 455B.265.”

“Upon review of the Motion and the court file, the court finds and concludes that the Motion is supported by good cause and should be granted for the reasons stated in the Motion,” District Court Judge Jeanie Vaudt wrote in her brief November 7 order.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

Summit Agricultural Group operates at least seventeen wells in Kossuth County alone that have not applied for water use permits through the Iowa Department of Natural Resources’ (DNR) Water Allocation Compliance and Online (WACOP) permitting system, Bleeding Heartland has learned.

The DNR confirmed the lack of permit applications in response to questions prompted by landowner Alan Laubenthal’s October 5 testimony at the Iowa Utilities Board’s evidentiary hearing in Fort Dodge on Summit Carbon Solutions’ proposed CO2 pipeline.

“The department has not received permit applications for these facilities,” DNR outreach and marketing bureau chief Tammie Krausman confirmed in a November 3 email. “It is the applicant’s responsibility to know if they need a permit and apply according to the requirements. The requirement is 25,000 gallons in a 24-hour period. While facilities are capable of pumping more than 25,000 gallons per day, the permit requirement is based on the actual usage of water.”

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Three Iowa women who rely on the Devonian aquifer for their water have filed suit in Polk County seeking to vacate a water use permit granted earlier this year, in connection with a CO2 pipeline project.

Kimberly Junker, Candice Brandau Larson, and Kathy Carter are suing the Iowa Department of Natural Resources (DNR), which on May 29 issued a water use permit to Lawler SCS Capture, LLC. The permit allows the LLC to withdraw up to 55.9 million gallons of water per year from the Devonian aquifer, at a maximum rate of 100 gallons per minute.

Formed in 2022, Lawler SCS Capture is one of myriad Delaware-based businesses affiliated with Summit Carbon Solutions, LLC. The well and associated carbon capture facility would be located on land owned by Homeland Energy Solutions, an ethanol plant and Summit Carbon partner in Chickasaw County. Bleeding Heartland was first to report last month that the DNR issued the Lawler permit.

Attorney Wally Taylor is representing the plaintiffs in his personal capacity. (He is also the legal chair of the Sierra Club Iowa chapter, which opposes Summit Carbon’s efforts to build a CO2 pipeline, but Sierra Club is not a party in this lawsuit.) Here’s the full text of the petition filed in Polk County District Court on October 18.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

When examining the intricate web of businesses that have sprung up around Summit Carbon Solutions, one cannot help but wonder how many private, largely unregulated LLCs are associated with the proposed CO2 pipeline.

Lawler SCS Capture, LLC is among the more recently unearthed businesses formed by Summit. On May 29, 2023, the Iowa Department of Natural Resources issued a water use permit to Lawler SCS, which shares an address with Summit Carbon Solutions in Ames. The permit expires on May 28, 2033. Lawler SCS submitted its application to the department on April 17.

The permit authorizes Lawler SCS to:

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Rules and regulations need to be clear, orderly, and in one place so they can be completely understood and followed. This is especially true of those focused on concentrated animal feeding operations (CAFOs) as they impact the public health of 3.19 million Iowans and water quality of 70,297 miles of rivers and streams.

However, Chapter 65, the Iowa administrative code that regulates CAFOs, is becoming weaker, confusing, and more difficult to use under the dictates of Governor Kim Reynolds’ Executive Order Number Ten. Rather than have all pertinent information in one place, the executive order will fragment Chapter 65’s essential information and scatter it in several locations online and in offices around the state.

Executive Order Ten, dubbed “The Red Tape Review”, directs all agencies to reduce the number of words throughout the state’s entire code, eliminating language deemed unnecessary, redundant, or even too restrictive. Users will now have to search for specific Iowa statutes to completely understand and comply with CAFO rules and regulations. In the case of Chapter 65, some of the missing information will now be housed on the DNR’s website or obtained from a field office. Both environmental organizations and industry groups oppose this change.

The order requires agencies to develop a cost-benefit analysis for all the rules and regulations. We have serious concerns about how the CAFO industry’s financial interests may dominate public health and the environmental protections. The order also stipulates no new rules can be made more stringent than what is already in the code. Most CAFO regulations are anything but stringent and should be strengthened.

Bleeding Heartland user PrairieFan is an Iowa landowner.

My boxelder trees look horrible.

The foliage on the outer branches is a sickly pale green. The leaves are twisted and stunted. Looking at other plants near my house, I see cupped and contorted leaves on trees, vines, and wildflowers. As happens every year, farm chemicals have trespassed (drifted) onto my conservation land.

Iowans who don’t know what it is like to live near typical corn and soybean fields might guess that farm-chem trespass would be a very occasional accident, followed by apologies, handshakes, and maybe a “sorry” gift. But that is not how it works in much of rural Iowa. 

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Jefferson County Farmers & Neighbors and several other environmental organizations recently met with Kelli Book, legal counsel for the Iowa Department of Natural Resources (DNR), to learn how the agency is revising Chapter 65 of Iowa’s administrative code, dealing with animal feeding operations.

We came away with many concerns about how the DNR is approaching the “Red Tape Review,” required by Governor Kim Reynolds’ Executive Order Number Ten.

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.

The Iowa House State Government Committee did not take up a controversial public lands bill during its last meeting before the legislature’s second “funnel” deadline. Failure to act means the bill almost certainly will not move forward this year.

Senate File 516 would have required the Iowa Department of Natural Resources (DNR) to “prepare a statewide, long-range plan that shall prioritize the maintenance and protection of significant open space property throughout the state.” The state Department of Transportation would have been directed to “prepare a long-range plan for the development, promotion, management, and acquisition of recreational trails throughout the state.”

The Iowa Farm Bureau Federation advocated for the bill, on the grounds that “the state of Iowa should concentrate on management of currently owned land and reduce the efforts to acquire more public land.” Conservationists pointed out that Iowa has less public land than the vast majority of states.

Pam Mackey Taylor is the Director of the Iowa Chapter of the Sierra Club.

In 2010, about 63 percent of Iowa voters approved a state constitutional amendment creating the Natural Resources and Outdoor Recreation Trust Fund. The amendment stipulated that revenue from the first three-eighths of a percent of any state sales tax increase would go to the trust fund.

Companion legislation established how those funds would be allocated: 23 percent for natural resources, such as natural areas, wildlife diversity, recreation, and water resources; 20 percent for soil and water conservation; 14 percent for watershed protection; 13 percent for the Resource Enhancement and Protection fund (commonly known as REAP); 13 percent for local conservation agencies; 10 percent for trails; and 7 percent for lake restoration.

The campaign to successfully get the constitutional amendment and the legislation was called the Iowa Water and Land Legacy, or I-WILL. During the first few years after adoption of the constitutional amendment, the I-WILL coalition attempted to persuade the legislature to raise the sales tax to fund the program. But the fund remains empty, because state lawmakers have not increased the sales tax.

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

An Executive Order that directs state agencies to reduce rules and regulations threatens the ability of the Iowa Department of Natural Resources’(DNR) to protect communities and waterways. Governor Kim Reynolds signed Executive Order Number Ten on January 11, putting a moratorium on administrative rulemaking and requires every agency, board, or commission to conduct a comprehensive overhaul of the Iowa Administrative Code.

The order’s purpose is to provide a more fertile ground for job growth and private sector development.

Angelisa Belden is director of communications for the Iowa Environmental Council. This post first appeared on the council’s website on August 21. -promoted by Laura Belin

I was born and raised in Iowa, but hailing from the far northeast corner meant more visits to Minnesota lakes or Lake Michigan than central Iowa. That’s likely more due to family in those regions, but when I settled my family in Des Moines two years ago to work at Iowa Environmental Council, many of the recreational opportunities here were new to me. That includes Clear Lake.

Emma Schmit is an Iowa organizer for Food & Water Watch. -promoted by Laura Belin

While coronovirus disrupted the Iowa legislative session this year, it failed to hinder business as usual.

Once again, legislators across the state preferred to serve Big Ag instead of their constituents. It’s hardly a surprise given the hundreds of thousands of dollars that flow into the coffers of our elected officials from Farm Bureau, Bayer-Monsanto and fat cats of the factory farm industry, including the Hansen and Rastetter families. While the needs of everyday Iowans were ignored for yet another year, industrial agribusiness cemented its rule over our state.

The U.S. Environmental Protection Agency and the Iowa Department of Natural Resources announced this week that they are relaxing enforcement of some environmental regulations because of the novel coronavirus (COVID-19) pandemic.

John Norwood is a Polk County Soil and Water Commissioner. Readers can email comments to Dan Kendall at daniel.kendall@dnr.iowa.gov or mail them to the address enclosed at the end of this post. -promoted by Laura Belin

Friends, Polk County Residents, Iowans,

Below, please find public comments I filed with the Iowa Department of Natural Resources (DNR) last week on our 2018 Impaired Waters List. The public comment period closes December 28.

My most important takeaway and message to Iowans is that our impaired waters need to be addressed by first, modernizing the vision for our state’s agricultural “machine,” and second, looking at how to support that new vision through systems, conservation infrastructure, policies and practices, and local, regional, national, or international markets.

Continuing Bleeding Heartland’s coverage of the Iowa legislature’s work during the 2019 session.

Iowa’s environmental community had something to celebrate when state lawmakers adjourned for the year without passing legislation that would crush small-scale solar development. An unusual coalition including solar installers, environmental groups, and livestock farmers helped keep the bill bottled up in the Iowa House despite intense lobbying by MidAmerican Energy and its allies, along with massive spending by undisclosed donors.

Unfortunately, lawmakers approved and Governor Kim Reynolds signed several other measures that will be detrimental for Iowa’s natural resources and take our state’s energy policy in the wrong direction. The new laws take effect today, as the 2020 fiscal year begins.

Chris Jones is a research engineer (IIHR-Hydroscience and Engineering) at the University of Iowa. An earlier version of this post was first published at the author’s blog. -promoted by Laura Belin

You might recall a recent post assessed the amount of public land Iowa has relative to other states. Iowa is 8th-lowest of the states in the total amount of public land and 3rd-lowest in the percentage of our land area that is in public hands. This made me wonder about water, specifically, how much water we have relative to other states.

Angelisa Belden is communications and development director for the Iowa Environmental Council. -promoted by Laura Belin

Iowans were up in arms this week in reaction to two bad bills aimed at restricting acquisition or expansion of public lands. House File 542, introduced by Republican State Representative David Seick, and Senate Study Bill 1221, introduced by GOP State Senator Ken Rozenboom, would severely limit the ability for state agencies, cities and counties, and private citizens to acquire or donate land for public projects.

In a state with just 2 percent of land in public holding, these bills were a drastic overreach to answer a problem that doesn’t exist.

Francis Thicke is a soil scientist and organic dairy farmer. He has served as the National Program Leader for Soil Science for the USDA-Extension Service and was the 2010 Democratic candidate for Iowa secretary of agriculture. -promoted by desmoinesdem

The room was packed for an August 28 hearing on a new proposed confined-animal feeding operation (CAFO) in Jefferson County. Lots of people expressed their frustration that Iowa’s laws make it nearly impossible to stop a CAFO that will compromise the quality of life for the neighbors.

Here are my comments:

The state commission that oversees environmental policies will no longer conform to Iowa standards on bipartisanship once its leader files papers as a Republican candidate for secretary of agriculture in the coming weeks.

Fayette County farmer Chad Ingels announced on January 25 that he will seek the GOP nomination for secretary of agriculture, KGLO Radio’s Jesse Stewart reported. A former Iowa State Extension watershed specialist who now measures fertilizer applications for a private non-profit, Ingels has served on the Environmental Protection Commission since 2013. He has chaired that body since last June, shortly after his reappointment to a four-year term expiring in 2021. Of the nine commissioners, Ingels is the only registered no-party voter.

Following a public outcry, the Iowa Department of Natural Resources has abandoned an effort to weaken the state’s E. coli water quality standards.

Officials had designed the change with the explicit goal of reducing the number of Iowa waterways deemed impaired. Environmental advocates had warned public health would suffer if the DNR assessed waterways based on average readings of E. coli levels, rather than the highest single measurement of the bacteria.

Vowing to be an outsider who can bring a “different kind of government” to Iowa, Rich Leopold just announced in a Facebook live appearance that he will run for governor as a Democrat in 2018. I enclose below his news release and a statement of “four cornerstones” that will guide his candidacy, along with a transcript of his comments on video. Leopold’s campaign website is here and his Facebook page is here.

A first-time candidate for office, Leopold stands apart from the “lobbyists, special interests, and the insider’s club that for far too long has run our government” and “is free from the generations of deal-making and permanent campaigning that has poisoned the capitol,” his “cornerstones” document declares.

Leopold has government experience at the local, state, and federal level. He served as Iowa Department of Natural Resources director during Chet Culver’s administration from 2007 to 2010, when he took a job with the Midwest Region of the U.S. Fish and Wildlife Service. He later worked for the Dickinson County Conservation Board and since 2013 has been with the Polk County Conservation Board, where he is now director. (Disclosure: I joined the board of directors of the Iowa Environmental Council when Leopold was that non-profit’s executive director, shortly before he left to lead the DNR.)

Leopold also chairs the new Grow Iowa PAC, which raised about $10,000 last year and donated to eighteen Democratic candidates or committees.

No other Democrats have confirmed plans to run for governor, but outgoing Iowa Democratic Party chair Andy McGuire is widely expected to announce her candidacy early this year. If either wins the June 2018 primary, Leopold or McGuire would be the first Iowa nominee for governor since Roxanne Conlin in 1982 not to have held elected office.

Many politics-watchers expect at least one member of the Iowa House or Senate to seek the nomination as well, perhaps State Senator Liz Mathis or State Representative Todd Prichard.

UPDATE: State Senator Chaz Allen is also rumored to be considering the gubernatorial race. He or Prichard would have to give up their seats in the legislature in order to run for governor. Mathis was just re-elected to a four-year term, so could run for governor without leaving the Iowa Senate.

The U.S. Army Corps of Engineers has granted the Texas-based Dakota Access company a federal permit to build the Bakken pipeline across Iowa.

Although opponents plan various forms of direct action, the best remaining chance for stopping the pipeline is a lawsuit challenging the Iowa Utilities Board’s authority to use eminent domain for a project with no legitimate public purpose.

The Iowa Department of Natural Resources put out a warning this week about an invasive and poisonous plant that has become prevalent in the state.

Though not native to North America, wild parsnip (Pastinaca sativa) is has spread across most of our continent. I see massive stands near I-80 and I-35 on the west side of the Des Moines area, as well as along lots of country roads.

Many Iowans googling wild parsnip have landed on my post from last year about this plant and the notorious poison hemlock. On my way home from scoping out prairie wildflowers in Dallas County yesterday, I decided to take more pictures of the plant, along with other flowers you may see blooming close to it this time of year.

The Iowa Department of Natural Resources amended a permit to allow Dakota Access to run the Bakken pipeline under a sensitive area in the Big Sioux River Wildlife Management Area, William Petroski reported for the Des Moines Register on June 20. The amendment means Dakota Access is no longer subject to the stop-work order the DNR imposed last month. DNR spokesperson Kevin Baskins told Petroski the company will run the pipeline “about 85 feet underground” to avoid disrupting sacred ground, which may include American Indian burial sites.

State Archaeologist John Doershuk said in an email last week to DNR Director Chuck Gipp that the proposed directional boring construction method is a satisfactory avoidance procedure from an archaeological standpoint that he supports in this case. However, Doershuk emphasized he could not speak for American Indian tribes that have expressed concerns about the pipeline project.

Energy Transfer Partners, the parent company of Dakota Access, maintains that a 2004 archeological review of the site in question did not turn up any areas of cultural significance. Gavin Aronsen posted that document and comments from a company spokeswoman at Iowa Informer.

Now that the DNR has lifted the stop-work order and the Iowa Utilities Board has changed its stance to allow pipeline construction before Dakota Access has all federal permits in hand, only two legal obstacles stand in the way of completing the project across eighteen Iowa counties. The U.S. Army Corps of Engineers has yet to issue permits covering a small portion of the Iowa route–though I would be shocked to see the federal government stand in the way once construction has begun. A series of landowner lawsuits are challenging the use of eminent domain for the Bakken pipeline, saying a 2006 Iowa law does not allow farmland to be condemned for a private project by a company that is not a utility.

The Iowa Department of Natural Resources has told attorneys for Dakota Access the company is “no longer authorized to engage in any activities” related to a permit previously issued for a pipeline across the Big Sioux River Wildlife Management Area in northwest Iowa, Gavin Aronsen reported at Iowa Informer. The U.S. Fish and Wildlife Service informed Iowa DNR Director Chuck Gipp on May 25 that a “significant archeological site” identified within that Wildlife Management Area “may fall along the proposed path of the Dakota Access Pipeline,” more commonly known as the Bakken pipeline. Consequently, the federal agency revoked approval of that permit and asked the DNR to “stop all tree clearing or any ground-disturbing activities within the pipeline corridor pending further investigation.”

Citing the letter from the Fish and Wildlife Service as well as e-mail communication from Iowa’s State Archeologist John Doershuk, yesterday the DNR sent Dakota Access a stop work order for the eastern half of the Wildlife Management Area in Lyon County, overlapping the proposed pipeline route. Aronsen posted both letters in full. Iowa Informer is a must-follow for Bakken pipeline news.

The Bakken Pipeline Resistance Coalition is holding a day of action in Oskaloosa (Mahaska County) on Saturday, May 28. In the morning, kayaks and canoes will float along the South Skunk River near where the pipeline would cross it. Along that section of river, paddlers will pass “7-generation landowner Sylvia Rodgers Spalding’s property adjacent to the proposed pipeline route.” Authors Carolyn Raffensperger, Fred Kirschenmann, Angie Carter, and Rachel Morgan will read from the recently-published book Fracture: Essays, Poems, and Stories on Fracking in America at 3 pm at the Book Vault in Oskaloosa (105 South Market Street).

When a bill passes by an overwhelming bipartisan vote, like the turtle harvesting bill did in both the Iowa House and Senate, one might assume it was easy to persuade lawmakers and the governor to act. Not necessarily. Thanks to Mike Delaney for an in-depth look at how one good idea became state law. Delaney is a founder of the non-profit Raccoon River Watershed Association. Turtle graphic produced by the non-profit Iowa Rivers Revival. -promoted by desmoinesdem

Over the years I have noticed a decline in the number of Soft-shelled turtles on my sandbars along the Raccoon River in Dallas County. When I first bought my farm in 1988 12” and 14” Soft-shells would regularly slide into the river off the sand where they were warming their cold-blooded bodies. A few seconds later you could see their noses and foreheads pop up to look around. When my son and daughter were little I showed them (as my older brothers had shown me as a child) how to walk along the shore at night, focus a flashlight at the water’s edge and spot the heads of baby Softshells sticking out of the sand. However, we have not seen these little guys for many years.

I asked around about what happened to the turtles. County conservation folks told me that the commercial turtle trappers were selling them to China. I asked some “environmentally concerned” friends. One said that the DNR was worried about Iowa’s turtles and had proposed rules to limit turtle “harvest” during egg laying season and limits on the numbers that could be taken. Iowa had no rules preventing over-harvest of turtles. I was told that the rules were being held up in the governor’s office.

I decided to act on the matter.

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

UPDATE: As expected, the board voted unanimously to approve the permit. Scroll to the end of this post for more details and reaction.

The Iowa Utilities Board will meet this afternoon to issue a decision on the proposed Dakota Access pipeline. Everyone I know in the environmental community expects the three board members to approve the permit for this project, better known as the Bakken pipeline. Litigation is sure to follow, as opponents charge the Iowa Utilities Board’s eminent domain powers may be used only in the service of a “public good,” not “to privilege a private corporation.”

Other legal hurdles include the need for a permit from the Iowa Department of Natural Resources, because the pipeline route would cross “four areas in Iowa that have been identified as sovereign lands.” The Sierra Club Iowa chapter has been pushing for a thorough Environmental Impact Study and archaeological review. (Too many Iowa politicians from both parties signed a letter to the utilities board opposing an independent environmental impact assessment.)

Iowa State University economist Dave Swenson has long cast doubt on the “bloated” economic impact numbers Dakota Access has used to market the project. Click here for Swenson’s detailed analysis on the pipeline’s “purported economic and fiscal benefits to the state of Iowa.”

A growing number of observers believe the project no longer makes economic sense even for Energy Transfer Partners, the parent company of Dakota Access.

Numerous large-scale hog confinements in five Iowa counties are not following recommended practices for applying manure to farmland, according to findings the advocacy group Iowa Citizens for Community Improvement released today. Under Iowa law, livestock farms “with 500 Animal Units or more (equivalent to 1,250 hogs)” must have a Manure Management Plan. Iowa CCI members studied 234 of those plans in Adair, Boone, Dallas, Guthrie, and Sac counties (central and western Iowa). They found “missing documents, double-dumping, over-application, potential P-index violations, incorrect application rates, and potential hazards of manure application based on the geography and farming practices of the land.” Iowa CCI filed a complaint with the Iowa Department of Natural Resources today, requesting a thorough investigation of manure management plan violations as well as reforms “to improve oversight and to hold factory farm polluters accountable,” including stronger enforcement of plans and permits, “increased public access to manure application records,” more thorough inspections of livestock farms, and “better training across field offices for DNR staff.”

I enclose below the executive summary of Iowa CCI’s findings. The full complaint to the DNR is available here (pdf). Pages 4 through 6 offer detailed recommendations for “next steps” to address the problems. Appendix A lists 91 farms in the five counties that are large enough to need Manure Management Plans, but for which such plans are missing. Appendix B lists five farms for which Manure Management Plans were not in the DNR’s animal feeding operations database. Appendix C shows which documents were missing from dozens of farms’ Manure Management Plans across the counties. The file also includes county maps of watersheds and roads to show where the farms in question are located.

Since Iowa CCI members examined Manure Management Plans in only five of Iowa’s 99 counties, today’s case study reveals only a small fraction of statewide problems related to manure application. Kudos to those who researched and exposed the DNR’s failure to do its job.

Calls for tougher enforcement may be a dead letter, given the Branstad administration’s hostility to regulations that inconvenience business owners and the Iowa legislature’s resistance to approve even small measures to improve water quality (and I’m not just talking about Republican lawmakers).

Iowa CCI’s mission and methods have made it unpopular in powerful circles. But those who criticize the group’s controversial acts (like heckling politicians) should also acknowledge important work like today’s case study. While some Democratic elected officials are deeply committed to addressing our water pollution problem, as a group Iowa Democratic officialdom has said little and done less about agricultural runoff. Iowa CCI speaks for many people who are angry about pollution impairing hundreds of waterways, and who know that electing more Democrats alone will not solve the problem. That’s why it has long been among the largest non-profits working on environmental and social justice issues in this state.

Thousands of Iowa children went back to school today, having enjoyed an extra week or two of vacation thanks to a new state law preventing K-12 school districts from beginning the academic year before August 23. In response to lobbying from the tourism industry, most state lawmakers and Governor Terry Branstad sought to block local school administrators from starting in early or mid-August. However, as economist Dave Swenson explained here, “there is no evidence that early start dates interfere in any meaningful sense with the Iowa State Fair or with any other tourism activity in Iowa.”

If only the governor and most of our state legislators were as tuned in to how dirty water hurts Iowa tourism.  

The Environmental Protection Commission voted yesterday to eviscerate a rule adopted in 2012 to reduce stormwater runoff from new construction sites. The rule previously required developers to put at least four inches of topsoil back on sites. Thanks to a lobbying campaign from home-builders, the new wording requires topsoil replacement “unless infeasible,” without defining that term. So any developer who doesn’t feel like spending money to put topsoil back can claim it would have been “infeasible” to do so. If the homeowner can’t grow anything on the impacted clay, and runoff contributes to more flash flooding in the area or downstream, too bad.

Dar Danielson reported for Radio Iowa that only two of the nine Environmental Protection Commission members voted against the rule change: Bob Sinclair and Nancy Couser. Sinclair proposed different wording, which sounded like a reasonable compromise, but other commission members did not want to adopt new wording, which would restart the lengthy public input process. The full list of EPC members is available on the Iowa Department of Natural Resources website.

One of the newest commissioners, who joined the majority yesterday in putting a few developers’ interests ahead of the environment, is former State Representative Joe Riding. Branstad named the Democrat to the EPC earlier this year. Riding’s action is disappointing but hardly surprising. He didn’t serve on committees that focused on environmental issues during his one term in the Iowa House. A former city council member in the rapidly-growing Des Moines suburb of Altoona, Riding has probably worked with lots of home-builders.

As Todd Dorman wrote earlier this year, the EPC “abandoned all sense of balance and fairness on this issue.” Expect more flooding in Iowa, more topsoil loss, and more pollution from yard chemicals making its way to our waterways.

UPDATE: Matthew Patane reported for the Des Moines Register,

Prior to voting, Couser said the rule change would mean homeowners will get “thrown under the bus” if builders don’t have to evenly distribute topsoil.

“Although it may not be the intent of the rule to protect the homeowner, the homeowner definitely, 7-to-1, is telling us that’s what they want from us. They want their soil,” she said.

The next few weeks will be critically important for deciding whether Iowa keeps a statewide rule designed to preserve topsoil and reduce stormwater runoff, which carries pollution to our waterways. Bleeding Heartland discussed the 4-inch topsoil rule here and here. Todd Dorman has been on the case with several good columns for the Cedar Rapids Gazette, most recently here.

Follow me after the jump for background on the issue and details on how to weigh in. Submitting a comment takes only a few minutes, or Iowans may attend public hearings in Cedar Rapids tonight, Davenport on March 25, or Des Moines on March 27 (scroll down for times and locations).

In a 4-3 split decision, the Iowa Supreme Court affirmed today a Polk County District Court ruling that dismissed a lawsuit seeking to nullify new state water quality rules.

The environmental community and groups representing big agribusiness have closely watched this case for years, because the “antidegradation” rules are an important step toward bringing Iowa into compliance with the federal Clean Water Act. Had this lawsuit succeeded, no strong water quality rules would have seen the light of day for the forseeable future in Iowa, because Governor Terry Branstad has packed the State Environmental Protection Commission with advocates for agribusiness.

Follow me after the jump for more background on the case and details about today’s decision.

UPDATE: Added reaction from the Iowa Farm Bureau and the Iowa Environmental Council below. If there’s a more hypocritical statewide organization than the Farm Bureau, I can’t think what it could be.