Iowa Supreme Court · No. 22-0385
Environmental Law and Policy Center, Iowa Environmental Council and Sierra Club v. Iowa Utilities Board, and MidAmerican Energy Company, and Office Of Consumer Advocate
Decided April 28, 2023 · appeal from Polk County · Government
What the court decided
The Environmental Law and Policy Center, the Iowa Environmental Council, and the Sierra Club (collectively, the “Environmental Parties”) appeal from the denial of their joint petition for judicial review of the Iowa Utilities Board’s (IUB’s) order approving MidAmerican Energy Company’s (“MidAmerican’s”) 2020 Emission Plan and Budget (EPB) regarding its coal-fired power plants. The Environmental Parties argue the district court erred by: (1) interpreting the phrase “managing related emissions” and other aspects of Iowa Code section 476.6(19) to exclude consideration of alternative compliance options, including the retirement of coal-fired power plants; and (2) affirming the IUB’s departure from its prior interpretation of the statute to include alternative options.
Holding: Appeal from denial of petition for judicial review of the Iowa Utilities Board’s order approving regulated public utility’s emissions plan and budget. DISTRICT COURT JUDGMENT REVERSED AND REMANDED WITH INSTRUCTIONS. 2
Judges
- Written by Justice Christopher McDonald
- Trial judge: Samantha J. Gronewald, Polk County
Iowa Code it cites
Each links to the bills that change that chapter.