Des Moines Water Works Trustees Vote to Sue Three Iowa Counties
March 10, 2015 | Kristine A. Tidgren
As threatened in January, the Des Moines Board of Water Works Trustees voted today to proceed with a federal Clean Water Act (CWA) citizen lawsuit against the supervisors of three Iowa Counties. The DMWW will sue the supervisors of Sac, Buena Vista, and Calhoun Counties in their capacity as trustees for 10 Iowa drainage districts. The lawsuit will primarily allege that the drainage districts are discharging pollutants into waters of the United States without a permit in violation of the CWA.
This lawsuit will no doubt face several major legal obstacles, including the propriety of suing the supervisors and the fact that agricultural stormwater discharges are not point source discharges under the CWA. Read our analysis of the imminent lawsuit here. We will update you in full when the complaint is filed.
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