Protecting Earth's Climate for Future Generations

Iowa

Legal Updates

May 9, 2013

The Iowa Supreme Court declined 14-year-old Glori Dei Filippone’s appeal for further review in her climate change case. The decision is a minor set-back for Glori and the rest of the youth fighting for a healthy future in the state of Iowa, but Glori has not lost hope. OUR CHILDREN’S TRUST is working with attorney Channing Dutton and Glori, along with other Iowa youth, to prepare a new petition for rulemaking in Iowa. If you live in Iowa and would like to get involved, please contact us.

Read the press release.

April 2, 2013:

Glori dei Filippone filed an appeal to the Iowa Supreme court today after the Court of Appeals ruled against her in her case to compel the Iowa Department of Natural Resources to adopt rules limiting greenhouse gas emissions. Glori Dei had argued that the State of Iowa has an obligation to protect the atmosphere under the Iowa Constitution and the Public Trust Doctrine.
According to Judge Doyle, the legislative intent to protect the atmosphere is “as clear as a crisp, cloudless, autumn Iowa sky,” and although Iowa courts have never had the occasion to extend the Public Trust Doctrine to include the atmosphere, he believes “there is a sound public policy basis for doing so.” Judge Doyle has joined the ranks of three other state court judges, from Texas, New Mexico, and Arizona who have also indicated that the atmosphere falls within the protective mandate of the Public Trust Doctrine.
“It is fitting that the Iowa appeal was filed the day after Dr. James Hansen, a native of Dennison, Iowa, and the chief science advisor to Our Children’s Trust announced his retirement,” said Channing Dutton, Glori Dei’s lawyer. “Although the legal basis for the lawsuit in Iowa is contested, the Iowa DNR and the Iowa court system have accepted the science on climate change, provided by Dr. Hansen for the litigation, as fact.”
To read the rest of the press release, please go here.

March 13, 2013:

The Iowa Court of Appeals ruled against Glori Dei Filippone, a 14-year-old Iowan, in her case to compel the Iowa Department of Natural Resources to adopt rules limiting greenhouse gas emissions in Iowa. Glori Dei had argued that the State of Iowa has an obligation to protect the atmosphere under the Iowa Constitution and the Public Trust Doctrine. While the three-judge panel declined to hold that the atmosphere is a public trust resource in Iowa, Judge Doyle issued a notable concurring opinion.
Finding there is a “sound public policy basis” for extending the public trust doctrine to include
the atmosphere, Judge Doyle cited to Iowa statutes that express the policy of the state to
protect “its natural resource heritage of air” and that affirm the right of all Iowans to “inherit this ecosystem in a sustainable condition.” Judge Doyle urged extending the public trust to the atmosphere, saying, “[t]he legislature, the voice of the people, has spoken in terms as clear as a crisp, cloudless, autumn Iowa sky.”
Read the complete press release for more information.

May 1, 2012:

Glori Dei and her attorney Channing Dutton filed their opening brief to the Iowa Supreme Court and argue that the Court must uphold the public's right to protection of the State's essential natural resources, including our air and atmosphere, water and wildlife.

Glori speaks out about her case and about what's at stake in a TedX Talk.

February 29, 2012:

Glori Dei appeals her case to the Iowa Supreme Court. Her appeal will argue that the air, our atmosphere, is the most important of all trust resources and the State must protect it on behalf of the people.
Meet Glori Dei Filippone, Plaintiff in the Iowa ATL suit.

January 30, 2012:

Iowa District Court for Polk County affirmed the Department of Natural Resources decision to deny Glori's petition for rulemaking. In its decision, the Court decided that it would not apply the Public Trust Doctrine in Iowa to the atmosphere.

July 21, 2011:

Channing Dutton, the attorney working with Our Children's Trust in Iowa, filed a lawsuit (access it here) against the Iowa Department of Natural Resources in state court, seeking judicial review of DNR denial of the petition for rulemaking: press release.

June 22, 2011:

On June 22nd, the Iowa Department of Natural Resources denied the petition for rulemaking submitted.

June 21, 2011:

Glori Dei Filippone gave a presentation before the Department of Natural Resources in support of the petition filed on behalf of Kids vs. Global Warming. You can view her presentation, or watch the video.

May 4, 2011:

Petition for rulemaking was filed against the Iowa Department of Natural Resources.

Climate Change Impacts in Iowa

The following points are taken from the Petition filed against the Iowa Department of Natural Resources and Air Quality Bureau.

1. Iowa Climate

2. Threats to Iowa Water Resources

3. Impacts on Iowa Plants and Wildlife

4. Climate Change Impacts on Human Health

5. Hurting Iowa's Economy

For more information on climate change in Iowa:
US Global Change Research Program: Midwest
UCS: Climate Change in the Hawkeye State
US EPA: Climate Change and Iowa

Access the Iowa Department of Natural Resources complete report on the Impacts of Climate Change on Iowa, and visit our Government Resources page for more climate change information from the Iowa state government.

AttachmentSize
Iowa Petition .pdf1.18 MB
IA Complaint.pdf112.41 KB