The Des Moines Board of Water Works Trustees has filed its complaint against the Supervisors of Calhoun, Sac, and Buena Vista Counties in their capacities as trustees of Iowa drainage districts. Among its many demands, the complaint, which was filed in the United States District Court for the Norther District of Iowa, asks the court to order the drainage districts to cease "all discharges of nitrate that are not authorized by an NPDES or state operating permit." In addition to claims under the federal Clean Water Act and state water quality law, the complaint asserts claims of public nuisance, statutory nuisance, private nuisance, trespass, negligence, taking without just compensation, due process and equal protection.
You can read our January article on this subject here.
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