IN THE SUPREME COURT OF IOWA No. 19–1644 Submitted December 16, 2020—Filed June 18, 2021 IOWA CITIZENS FOR COMMUNITY IMPROVEMENT and FOOD & WATER WATCH, Appellees, vs. STATE OF IOWA; DEPARTMENT OF NATURAL RESOURCES; BRUCE TRAUTMAN, In His Official Capacity as Acting Director of the Department of Natural Resources; ENVIRONMENTAL PROTECTION COMMISSION; MARY BOOTE, NANCY COUSER, LISA GOCHENOUR, REBECCA GUINN, HOWARD HILL, HAROLD HOMMES, RALPH LENTS, BOB SINCLAIR, and JOE RIDING, In Their Official Capacities as Commissioners of the Environmental Protection Commission; NATURAL RESOURCE COMMISSION; MARCUS BRANSTAD, RICHARD FRANCISCO, LAURA HOMMEL, TOM PRICKETT, PHYLLIS REIMER, DENNIS SCHEMMEL, and MARGO UNDERWOOD, In Their Official Capacities as Commissioners of the Natural Resource Commission; DEPARTMENT OF AGRICULTURAL AND LAND STEWARDSHIP; and MICHAEL NAIG, In His Official Capacity as Secretary of Agriculture, Appellants. Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. The State of Iowa and state agencies and officials seek interlocutory review of a district court order denying their motion to dismiss an action brought by two nonprofit groups under the public trust doctrine. REVERSED AND REMANDED. Mansfield, J., delivered the opinion of the court, in which Christensen, C.J., and Waterman and McDermott, JJ., joined. Appel, J., filing a dissenting opinion. McDonald, J., filing a dissenting opinion, in 2 which Oxley, J., joined. Oxley, J., filed a dissenting opinion, in which Appel, J., joined. Thomas J. Miller, Attorney General, Jeffrey S. Thompson (argued), Solicitor General, Jacob J. Larson, David S. Steward, Eric M. Dirth, and Thomas J. Ogden, Assistant Attorneys General, for appellants. Brent Newell (argued) and Kellan R. Smith of Public Justice, P.C., Oakland, California, Roxanne Barton Conlin and Devin Kelly of Roxanne Conlin & Associates, P.C., Des Moines, Tarah Heinzen of Food & Water Watch, Portland, Oregon, and Channing Dutton of Lawyer, Lawyer, Dutton, and Drake, LLP, West Des Moines, for appellees. James L. Pray, Jordan D. Nickerson, and Tess L. Pocock of Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, PLC, Des Moines for amicus curiae Agricultural Legal Defense Fund. Tucker F. Levis and Christina L. Gruenhagen of Parker & Geadelmann, P.L.L.C., West Des Moines; and Eldon McAfee of Brick Gentry P.C., West Des Moines, for amicus curiae Iowa Cattlemen’s Association, Iowa Corn Growers Association, Iowa Farm Bureau Federation, Iowa Pork Producers Association, Iowa Poultry Association, Iowa Soybean Association, Iowa State Dairy Association, and Iowa Turkey Federation. Paige Fiedler of Fiedler Law Firm, Johnston; and Joel R. Waltzer and Robert B. Wiygul of Waltzer Wiygul & Garside, New Orleans, Louisiana, for amicus curiae Gulf Organized Fisheries in Solidarity and Hope, Inc., and Mississippi Commercial Fisheries United, Inc. 3 Richard A. Malm and John E. Lande of Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, for amicus curiae Board of Water Works Trustees of the City of Des Moines, Iowa. Chad A. Swanson of Dutton, Daniels, Hines, Kalkhoff, Cook & Swanson, P.L.C., Waterloo, and Paige M. Tomaselli of The Law Office of Paige Tomaselli, Richmond, California, for amicus curiae Iowa Farmers Union and Farm Aid. Neil Hamilton, …
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