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Sierra Club and Trout Unlimited can proceed with lawsuit against DNR

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The Iowa Sierra Club and the Iowa Chapter of Trout Unlimited (TU) can continue with the legal challenge of the Iowa Department of Natural Resources’ approval of a nutrient management (manure handling) plan for an 11,600-head cattle feedlot, based on two rulings by Fifth District Court Judge Michael Huppert. 

 

The facility, owned by Supreme Beef, LLC, is located outside Monona, in the watershed of Bloody Run Creek.

 

On March 25, Huppert denied the DNR’s request to block TU from intervening in support of a Sierra Club lawsuit filed late last year. Huppert also ruled Monday that the Sierra Club has legal standing to sue the DNR, given that Sierra Club members use and enjoy Bloody Run. Huppert further asserted that the potential of damage to the stream, which is a “Protected Iowa Water,” was substantial, despite DNR claims that pollution was only hypothetical.

 

“It is clear the DNR is trying every procedural trick to avoid a hearing on the merits of this case,” said Sierra Club attorney Wally Taylor. “But that is not working. DNR will have to explain why it violated its own rules in approving the nutrient management plan for Supreme Beef.” 

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