Victory #1 — Clean Water regulation and Citizen Participation in State Government
The Iowa Supreme Court today ruled today in favor of clean water by upholding Iowa’s Clean Water Anti-Degradation Standards. In a well-reasoned, and thoughtful decision, the Court upheld the rulemaking process that established the state’s clean water anti-degradation standards, keeping rules in place that are designed to protect some of Iowa’s most important lakes and waterways.
The ruling ends the Farm Bureau’s lawsuit effort to delay or overturn the rules –which were enacted in an open and fair rulemaking process. As required by the federal Clean Water Act, Iowa’s common-sense anti-degradation standards will remain in place. Iowans are impatient on cleaning up impaired waters and preventing future pollution. Iowans can now focus on successfully implementing the rules and the ongoing work that will achieve clean water goals.
“We are grateful to the Iowa Attorney General’s Office, the Department of Natural Resources and our environmental partners for standing up to the Farm Bureau’s efforts to throw out the rules,” said Ralph Rosenberg, executive director of the Iowa Environmental Council. “This issue is greater than clean water protection. This was an effort to shut out citizen participation in government by a powerful business interest like the Farm Bureau.”
Four years ago, Iowa adopted strong “anti-degradation” standards – an important but often ignored part of the Clean Water Act designed to keep unnecessary pollution out of clean waterways. However, the Farm Bureau challenged these important standards and even issued intrusive subpoenas to intimidate local environmentalists and challenge the Environmental Protection Commission by trying to disqualify one of its members, Susan Heathcote, water program director of the Iowa Environmental Council. Lower courts have since thrown out the Farm Bureau’s legal challenges.
“This is a clear win for clean water and for open and fair government,” said Environmental Law & Policy Center Senior Attorney Brad Klein, who argued the case before the Supreme Court. “We’re grateful that the Court rejected the Farm Bureau’s attempts to harass and intimidate the Council and Susan Heathcote. This important ruling means that we can put the Farm Bureau’s attempts to delay and distract behind us and move on to protect some of Iowa’s most important lakes, rivers and streams.
Victory #2 Protecting Solar Energy Choice and Supporting Small Scale Renewable Energy
In the second of two victories for the Environmental Council, the Court ruled that Iowans can offer their roof space to solar energy developers and buy the power created from those panels. The Council, according to Ralph Rosenberg, “welcomes the decision which held that third party payer arrangements are an important option for expanding renewable energy, along with tax incentives, grants, loans and other financing mechanisms.”
“Today’s decision is a win for Iowans because it gives everyone the option to go solar affordably,” said Brad Klein, senior attorney with the Environmental Law & Policy Center (ELPC), who argued the case last spring on behalf of a large coalition of solar energy and environmental advocates. “Across the country, families, businesses and communities have gone solar with third-party ownership. Now, that opportunity can come to Iowa, too.”
In 2011, Alliant Energy argued that an agreement between Dubuque-based Eagle Point Solar and the City of Dubuque violated the utility’s monopoly territory. Under the agreement, Eagle Point agreed to install and maintain solar panels on the Dubuque City Council building, the City would then pay Eagle Point for the energy created by those panels. The utility argued that the agreement, known as a third-party power purchase agreement (PPA) amounted to the creation of a utility. This claim was rejected by the court.
In his majority opinion, Justice Appel wrote that “Third-party PPAs like the one proposed by Eagle Point actually further one of the goals of regulated electric companies, namely, the use of energy efficient and renewable energy sources.”
Rosenberg, the Council director, noted that like the Farm Bureau case, this decision was thoughtful, well-reasoned and supported Iowa values and priorities of the Council—in this case, increasing the use of energy efficiency and renewable energy, while decreasing reliance on carbon based fuels.
A recent report by the Iowa Environmental Council, Real Potential, Ready Today: Solar Energy in Iowa highlighted the significant potential for solar energy in Iowa. Iowa is already starting to see the rapid growth of solar–highlighted by the bi-partisan support for tripling of funding available for state tax credits for solar energy installation.
“The fact that the court agrees with our analysis of the law means good things for the future of solar in Iowa,” Josh Mandelbaum, staff attorney with ELPC’s Des Moines office added.
The Iowa Supreme Court‘s full opinions are available on the Iowa Judicial Branch website.