In a 4-3 split decision, the Iowa Supreme Court affirmed today a Polk County District Court ruling that dismissed a lawsuit seeking to nullify new state water quality rules.

The environmental community and groups representing big agribusiness have closely watched this case for years, because the “antidegradation” rules are an important step toward bringing Iowa into compliance with the federal Clean Water Act. Had this lawsuit succeeded, no strong water quality rules would have seen the light of day for the forseeable future in Iowa, because Governor Terry Branstad has packed the State Environmental Protection Commission with advocates for agribusiness.

Follow me after the jump for more background on the case and details about today’s decision.

UPDATE: Added reaction from the Iowa Farm Bureau and the Iowa Environmental Council below. If there’s a more hypocritical statewide organization than the Farm Bureau, I can’t think what it could be.

Commenting on the latest evidence of herbicide-resistant “superweeds” spreading in Iowa, Drake Law Professor Neil Hamilton argued in an editorial this week that we must not embrace “solutions” offered by biotech companies that “will simply repeat our mistakes.”

Hamilton’s appeal was not addressed to any specific person. Yet one Iowan is uniquely positioned to heed his warning: U.S. Secretary of Agriculture Tom Vilsack. As the USDA considers the biotech industry’s “next silver bullet solution” for herbicide-resistant weeds, Vilsack should think hard about the risks, “rather than just believing people who have some shiny new product to sell,” in Hamilton’s words. Vilsack’s record raises doubts about whether he is up to this task.

Sunday’s Des Moines Register carried the latest journalistic exploration of herbicide-resistant “superweeds” on Iowa farmland. The story’s not new: agronomists at Iowa State University anticipated this problem and have been warning farmers for at least 15 years. Various published studies have shown the connection between widespread corn and soybean farming practices and the “rapid selection of 21 species of glyphosate-resistant weeds.”

Industry groups representing conventional growers have repeatedly accused advocates for clean water and sustainable farming of threatening rural Iowans’ way of life. Yet the dominant practices of corn and soybeans growers have accelerated the spread of resistant weeds through natural selection, potentially putting many Iowa farmers out of business in the coming years.

After the jump I’ve posted excerpts from Donelle Eller’s story for the Sunday Register and more background on the herbicide-resistant weed problem. The 2013 Union of Concerned Scientists briefing paper on “The Rise of Superweeds-and What to Do About It” is an excellent starting point.

Yesterday I conducted a wetlands delineation for the Iowa DNR at Pleasant Valley Wildlife Area, along the South Raccoon between Adel and Redfield. Among the highlights: a good plant list that included a new sedge species, Carex oligocarpa; numerous butterflies, including Tiger and Black Swallowtails, American Lady, Spring Azure, Eastern Comma, and Red Admiral; experience with riparian soils; and overall a good day.

The most memorable part came in the last 15 minutes. Four 20-something year-olds noisily stopped about 450 feet away on the old canoe access road and began making sounds that could have been firecrackers. When the first clear rifle report came, I knew that this was no mere Independence Day warm-up. At least two bullets hit within 100 yards of me and a third whizzed overhead as I crouched behind a low dirt pile.

What’s on your mind this weekend, Bleeding Heartland readers? The Iowa Democratic Party’s state convention got overshadowed by the circus-like spectacle Republicans put on in Urbandale yesterday. We’re talking about David Young’s surprising nomination in IA-03 here. This is an open thread for all other topics.

After the jump I’ve posted several links about the Democratic convention and the full text (as prepared) of Maryland Governor Martin O’Malley’s speech. He seems to have made a good impression, as he did at the Harkin Steak Fry in 2012. O’Malley won’t challenge Hillary Clinton for the presidential nomination; he was loyal Clinton surrogate during the 2008 primaries, even after Barack Obama crushed her in his state. If Clinton decides against running for president again, O’Malley could have a lot of upside potential in Iowa. He’s much more familiar with this state than your average east-coast governor, having worked as a field organizer for Gary Hart’s 1984 Iowa caucus campaign. John Deeth wrote up O’Malley’s appearance for gubernatorial nominee Jack Hatch and running mate Monica Vernon in Iowa City.

UPDATE: Added below a short version of what would be the progressive case against O’Malley if he competes in the Iowa caucuses.

The Iowa Supreme Court ruled unanimously on Friday that a District Court should hear a lawsuit eight Muscatine residents have filed against the Grain Processing Corporation. Muscatine locals have long had to breathe some of Iowa’s dirtiest air, and the Grain Processing Corporation has long been one of the area’s major polluters. Despite being forced to pay a $538,000 civil penalty for air pollution violations eight years ago, the corporation continued to emit excessive amounts, leading to a lawsuit by Iowa Attorney General Tom Miller in 2011. Earlier this year, the company settled that lawsuit, agreeing to pay a $1.5 million civil penalty and to take several steps to reduce toxic emissions from the facility.

But the Grain Processing Corporation stood and fought when local residents filed a class-action lawsuit two years ago, citing health risks as well as damage to personal property related to the air pollution near the plant.

In 2013, a District Court judge granted the defendant’s motion to dismiss the case, prompting plaintiffs to appeal. The Iowa Supreme Court found that the Grain Processing Corporation “was not entitled to summary judgment” and sent the case back to District Court, which will consider the lawsuit on its merits. You can read the full text of Justice Brent Appel’s ruling here (pdf). (It’s more than 60 pages long and gets into some technical legal issues.) All the other Iowa Superme Court justices concurred, except for Justice Edward Mansfield, who recused himself because some of his former law partners were representing the corporation.

After the jump I’ve posted more background on the lawsuit and excerpts from Jason Liegois’ report for the Muscatine Journal on the Iowa Supreme Court ruling. The plaintiffs are not guaranteed to succeed in District Court, but at least they can present their case. In addition to fighting the lawsuit at the lower court level in Iowa, the Grain Processing Corporation could appeal to the U.S. Supreme Court, arguing that the federal Clean Air Act preempts claims like the ones the Muscatine residents are making.

Past time for a post-mortem on the five-way Democratic primary in the open first Congressional district. Here are the unofficial results from June 3:

A few thoughts struck me as I reflected on this campaign and looked more closely at the results.  

It’s one of the oldest tricks in any governor’s playbook: schedule media events for bill signing ceremonies you want the public to hear about, while burying bad news late on a Friday, after reporters have filed their stories. I was worried Governor Terry Branstad would make big cuts to environmental funding just before Memorial Day weekend, as he had cut food bank money two years ago.

Instead, Branstad’s office released the news about this year’s spending vetoes after dinnertime on Friday, May 30. Hours earlier, the governor had welcomed reporters, lawmakers, and members of the public to watch him sign a bill legalizing the possession of cannabis oil to treat seizure disorders, as well as a bill altering Iowa’s HIV transmission law.

Follow me after the jump for the gory details. I no longer consider 2014 a good year for Iowa environmental funding.

Comments to the Iowa Department of Natural Resources are still needed in support of a 2012 rule that requires developers and home builders to leave four inches of topsoil on the ground after construction. Bleeding Heartland discussed this issue last week, and Todd Dorman wrote a more detailed background piece for the Cedar Rapids Gazette earlier this month. I’ve posted excerpts from that article below.

Iowa has lost too much of its world-class topsoil already. Not only does this non-renewable resource help plants grow, it reduces stormwater runoff that can cause flooding and water pollution. As Dorman points out, homeowners would also benefit from having more topsoil on their lots, so they could grow grass or other plants without having to inundate hard clay subsoil with chemicals. Representatives of business groups that oppose the DNR rule have estimated its cost at between $1,200 per residential to $2,500 or even $5,000. I haven’t seen any estimate of the hidden costs of more flooding and excess nutrients in waterways. Although farms contribute more to Iowa topsoil runoff than new residential construction does, we all have to do our part.

A public hearing on the soil conservation rule is happening this Thursday, May 29, in Des Moines; click through for details on how to participate in person or by phone. Public comments can be sent via e-mail to Adam.Schnieders AT dnr.iowa.gov, ideally before Thursday’s meeting.  

Governor Terry Branstad plans to sign a bill that would allow possession of cannabis oil for the treatment of some seizure disorders, he announced while taping Iowa Public Television‘s “Iowa Press” program today. He noted the bill will help some children with epilepsy, and he’s satisfied its “limited” scope will not increase abuse of marijuana in smokeable form.  

The governor also said he will sign a bill banning the sale of e-cigarettes to children, adding that his wife is a “militant” anti-smoker. Trouble is, that bill was backed by tobacco industry lobbyists. Many public health groups lobbied against the bill.

Branstad has not decided whether to sign the dog racing bill, which would end greyhound racing at one casino in Council Bluffs and get a non-profit casino in Dubuque off the hook for subsidizing the races. His concern isn’t the massive giveaway to dog breeders and kennel owners, which makes no sense to me. Rather, he is worried that lobbyists for horse racing interests didn’t get their cut from the bailout. O.Kay Henderson reports for Radio Iowa,

“I understand the benefits that the people in Council Bluffs and Dubuque see from this, and the greyhound industry,” Branstad says. “My concern is the horse industry was left out of this.” […]

However, the governor’s concern is over provisions in the bill that would give the greyhound industry authority to strike deals to simulcast dog and horse races at any of the state’s casinos and get all of the profit from it. Today simulcasting deals are only allowed at the casinos in Altoona, Council Bluffs and Dubuque and Iowa’s horse industry gets the financial take.

“There is some concern that I’m hearing from my friends in the horse industry. I’ve always been close with them,” Branstad says. “We have a very big and significant horse industry in the state of Iowa.”

Branstad has ’til June 2 to decide whether to sign or veto the bill.

“I’m trying to weigh all those things,” Branstad says. “I want to do something that’s fair to all the communities involved and fair to all the parties and the one group that seems to be, because of the simulcasting provisions of that bill, having some concerns is the horse industry and so I’m carefully reviewing that,” Branstad says. “I have not made a final decision.”

Environmental activists in Iowa are nervously awaiting the governor’s decision on a bill to expand solar tax credits and several spending bills that include record-high funding for the Resource Enhancement and Protection (REAP) conservation program. The governor recently said he is concerned about various parts of a supplemental spending bill that contained $5 million of the REAP funding. In 2012, Branstad line-item vetoed half a million dollars for Iowa food banks on the Friday before Memorial Day.

In August 2012, Governor Terry Branstad issued an executive order creating a mechanism for “stakeholder groups” to block potentially “burdensome” administrative rules proposed by state agencies. Those groups include representatives of businesses that would be affected by any new regulation. One of those stakeholder groups is meeting next week to discuss the fate of a rule the Iowa Department of Natural Resources has advanced in order to reduce soil runoff and storm water discharge associated with construction activities.

You can view the rule here (pdf). The main point is to require developers and home builders to leave four inches of topsoil on the ground after construction, so that yards will be able to absorb more of the expected rainfall. Some business interests oppose the rule because it will add costs to construction. But they are not considering the hidden costs of runoff (increased water pollution and a loss of irreplaceable topsoil). State government needs to act in the public interest and not only consider the bottom line of a few companies.

An action alert I’ve posted after the jump provides more background and details. Lucy Hershberger, an Iowa City-based landscaper who serves on the stakeholder group, wrote it and gave me permission to publish here. The Iowa DNR is accepting public comments on this issue via e-mail: Adam.Schnieders AT dnr.iowa.gov. It would be better to submit those comments before the public hearing scheduled for May 29. People can also attend that hearing, either in person or by telephone (instructions for calling in are below).  

The Iowa House and Senate wrapped up the 2014 session during “Soil and Water Conservation Week.” While certain environmental programs did well in the budget for fiscal year 2015, the legislature did not adequately address some of the biggest problems affecting Iowa’s soil and water.

The Iowa Environmental Council blog linked to several recent articles by “top experts on Iowa soil conservation,” who “expressed alarm about the state of our soil” and in particular the rapid rate of erosion. Along with other kinds of agricultural runoff, soil erosion contributes to toxic algae blooms in rivers and lakes, not only in Iowa and neighboring states but also across much of the U.S. Nutrient pollution is a major reason that more than half of the country’s rivers and streams are “in poor condition for aquatic life.”At the end of this post, I’ve enclosed an infographic explaining how toxic algae blooms form and how to prevent them.

Iowa lawmakers continue to throw money at the state’s Nutrient Reduction Strategy, without insisting on numeric criteria for nitrogen and phosphorous levels in water and without the goals, timelines and monitoring needed to assure Iowans that waterways are becoming cleaner. In fact, the fiscal year 2015 appropriation for the Iowa Department of Agriculture and Land Stewardship removed wording requiring that money for watershed projects be used to reduce nutrients. Follow me after the jump for the disturbing details.

During the legislative session that just ended, the Iowa House and Senate approved substantial increases in funding for some key environmental programs.

Lawmakers committed to providing $25 million to mark the 25th anniversary of the Department of Natural Resources’ Resource Enhancement and Protection program (REAP) achieved their goal. REAP had only been funded at the $20 million level once before during the past two and a half decades. The REAP money came from three separate bills appropriating funds for the 2015 fiscal year; I’ve posted details after the jump. Many REAP-funded projects have a lasting positive impact on local communities for decades. Click here for more background on the kind of projects REAP has supported around Iowa.

Last month, Linn County Supervisor Brent Oleson posted a guest diary warning about legislative proposals that would indirectly undermine REAP by changing the program’s funding formula. Fortunately, the conference committee agreement negotiated by Iowa House and Senate members did not include that language in the final bill.

Senate File 2349 allocates Rebuild Iowa Infrastructure Fund money, which mostly comes from gambling revenues. That bill included $9.6 million for lake restoration funding during the 2015 fiscal year, a big improvement on the recent past when lawmakers approved just $5.5 million for lake restoration projects. The Rebuild Iowa Infrastructure Fund bill also included $2 million “for the administration of a water trails and lowhead dam public hazard statewide plan.” Just a few years ago, environmental groups including Iowa Rivers Revival were fighting for even $1 million in state funding for rivers. The only downside to the river funding was that the conference committee went with House-approved language allocating the whole $2 million to low-head dam removal and water trails. Iowa Rivers Revival preferred the Senate-passed bill, which contained $1 million for that purpose and $1 million to launch a new Iowa River Restoration Program. You can find the Senate-passed version of Senate File 2349 here and the conference committee report describing agreed changes in detail here (the river funding is discussed on pages 4-5 of the Senate bill).

Governor Terry Branstad hasn’t signed any of these appropriations bills yet, so funding for REAP and Iowa lakes are rivers is not a sure thing. I would be surprised if he item-vetoed any of these appropriations, although in 2011, Branstad vetoed river restoration funds that lawmakers had allocated for fiscal year 2012.

I'm gonna go on a rant…about an attempted RAPE.

Yes, I mean every word and hyperbole I'm uttering on this post. REAP (Resource Enhancement & Protection) is being RAPED! For Agriculture…by agri-business…to correct it's mistakes in a supposedly free and private market of farming. How is this rape of taxpayer funds and DNR license plate fees occurring and for what specifically? Read on My friends. 

The Iowa House of Representatives wants to put REAP dollars toward… agri-terrace projects, forestry management (subject to logging), and water nutrient pollution clean-up programs because farmland soil is laden with fertilizer chemicals. These are all worthy issues to be addressed on their own I say, and should indeed be addressed and monies put toward mitigation efforts. The Iowa Dept. Of Ag has jurisdiction on all these problems, and they should since their policies and practices created them in the first place.

This isn't an indictment of farmers, because most are great conservationists of their own free will as it's good business and good citizenship. I commend those Iowa farmers, especially my Linn County ones, who work hard to be responsible neighbors, citizens and conservationists…voluntarily I might add! But I don't give a pass to bad apples, policy-makers, or special interest Ag industry lobbyists.

An incredible project will take shape soon in Iowa City:

A food forest is a gardening technique or land management system, which emulates a woodland ecosystem using edible trees, shrubs, and herbs. Fruit and nut trees make up the upper level, while berry shrubs, edible perennials, and annuals make up the lower levels. The Wetherby Park Edible Forest will combine aspects of native habitat rehabilitation with edible forest gardening.

Food in the Wetherby Food Forest:

Trees: apple, pear, plum, cherry, mulberry

Shrubs: hazelnut, serviceberry, aronia berry, beach plum, gooseberry, currant, honeyberry

Herbs: strawberry, oregano, thyme, lemon balm, chives, sorrel, lovage

The non-profit group Backyard Abundance is organizing a volunteer day on April 12 to prepare and mulch the future orchard site. Planting will begin in 2015. Backyard Abundance posted detailed design plans and plant lists here (pdf). Iowa City Parks and Recreation is partnering with Backyard Abundance on the edible forest, having previously worked with the group and other volunteers to establish an edible maze in the same park.

After the jump I’ve enclosed more about the new project, which aims to improve public health while using land sustainably and reducing the area’s carbon footprint.

For Iowans who would like to create similar projects in their communities, I highly recommend Darrin Nordahl’s book Public Produce. Nordahl formerly worked for the City of Davenport, where he promoted growing food in public spaces. The Cultivate Hope farm and urban agriculture education center in downtown Cedar Rapids would be a great source of advice and inspiration as well.

Since at least 2007, roughly half of Iowa’s land in agricultural production has been rented or leased rather than farmed by its owner. Farmland values at historically high levels are making it even more difficult for Iowans to pursue a secure career in farming. Almost no one can afford a large parcel of farmland at more than $8,000 per acre (or $10,000 per acre of high-grade land). Banks are rarely willing to lend aspiring farmers the kind of money needed to buy a farm, or to buy out siblings or cousins who inherited parts of the family farm.

Some experts believe Iowa farmland values have peaked, but via Tom Philpott I came across evidence that pressure from large buyers may continue to drive up prices. The Oakland Institute analyzed the trend of Wall Street investors buying farmland in the U.S. As institutional investors pile into this market, Iowa farmland may become increasingly unaffordable.

After the jump I’ve posted a few excerpts from the Oakland Institute‘s report, but I recommend downloading the whole piece to see supporting charts and references.

The trend toward absentee landlords owning Iowa farms is one among many reasons we can’t rely on purely voluntary efforts to protect soil and water quality. Tenant farmers have no incentive to spend money on conservation practices to improve land for the long-term. Landowners (whether they be Wall Street firms or individual investors) are often looking for the highest rent this year, not farming practices that preserve soil fertility and keep excess nutrients out of waterways.  

The Winneshiek County seat of Decorah has a well-deserved reputation as one of Iowa’s most environmental-minded towns. Organic farmers and gardeners from all over the country have long relied on Seed Savers Exchange as a source for heirloom vegetable seeds and herbs. Two years ago, Luther College installed Iowa’s largest solar array. Small-scale renewable energy allows a growing number of people in the Decorah area to live “off the grid.”

This month, the non-profit group Iowa Rivers Revival honored Decorah for “efforts by the city and its many partners to make the Upper Iowa River the heart and soul of the community and a focus for recreation, economic development, and environmental stewardship.” The news release I’ve enclosed below highlights an impressive range of programs and projects, which have made the Upper Iowa River both cleaner and more usable for locals and tourists. Here’s hoping many other city leaders and Iowa school districts will learn from Decorah’s success.

UPDATE: The April edition of Smithsonian magazine ranked Decorah as number 19 on its list of America’s 20 “best small towns” to visit. The story noted, “Decorah sits in the heart of Iowa’s bluff country, an area heralded for scenic beauty and wildlife. Dunning Springs, just minutes from downtown Decorah, is a 200-foot waterfall-visitors can explore the area by bike or via a network of hiking trails.”

Iowa’s Resource Enhancement and Protection program (REAP) celebrates its 25th anniversary this year. Among the most successful conservation initiatives in Iowa history, REAP has cumulatively distributed about $300 million to thousands of projects across the state. It is mostly funded through gaming revenues that go into the state’s Environment First Fund. In theory, REAP “is authorized to receive $20 million per year until 2021,” but the state legislature has never fully funded REAP to the authorized level. This year’s budget included $16 million for REAP, and Governor Terry Branstad kept that item at the same level in his draft budget for fiscal year 2015.

Today about three dozen non-profit organizations gathered at the State Capitol for the annual Environmental Lobby Day organized by the Iowa Environmental Council. I attended the event because I’m active in the IEC and in several of its member organizations. At a press conference organized by the IEC, four speakers emphasized the need to increase conservation funding: Republican State Senator David Johnson, Democratic State Senator Bob Dvorsky, Iowa Natural Resource Commission Chair Margo Underwood, and Rod Marlatt, executive director of the Fayette County Conservation Board. Dvorsky particularly emphasized his goal to secure $25 million in funding for REAP in the coming fiscal year, in honor of the program’s 25th anniversary.

Because REAP-supported projects are often popular locally, the program has mostly escaped the partisan divisions that have led to the demise of some state initiatives. Today the Iowa House approved a resolution celebrating the 25th anniversary of REAP. Remarkably, 96 of the 100 state representatives co-sponsored this resolution, which House Democrat Chuck Isenhart proposed. Now that they’re on record agreeing, “Iowans strongly believe that the Resource Enhancement and Protection Program is a successful venture worthy of the continued support of the General Assembly,” let’s hope they will put a lot of money where their mouths are. The $25 million in REAP funding has an excellent chance of clearing the Iowa Senate, since Dvorsky chairs the Appropriations Committee. Will the Iowa House go along? The many state lawmakers who spoke with Environmental Lobby Day exhibitors today included House Majority Leader Linda Upmeyer and several members of the House Appropriations Committee.

After the jump I’ve posted background on the REAP program from the Iowa Department of Natural Resources website, including a map showing how much REAP funding has gone to each of Iowa’s 99 counties. I also enclosed a press release from the Iowa Environmental Council, with highlights from speakers at the conservation rally.

More than 800 manure spills have occurred on Iowa farms during the past two decades. At least 262 manure spills reached Iowa waterways between 2001 and 2011 alone, affecting the vast majority of counties.

More than half of rivers and streams in the region including Iowa are in “poor condition for aquatic life.” Manure spills are a major contributing factor to this problem, and they are happening more often. The number of recorded manure spills in Iowa grew from 46 in 2012 to 76 in 2013.

How should state government respond to this set of facts? Various policies might address the explosion in waterways officially recognized as “impaired.”  

But this is Iowa, where it’s a minor miracle to get state lawmakers to take any steps against water pollution, and agricultural interests have repeatedly moved to undermine regulations related to the handling of manure on large-scale farms.

Last week, two-thirds of Iowa House members saw fit to reduce continuing education requirements for people certified to spread liquid manure on farm fields.  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread.

If you’re among the roughly half a million Iowans whose household water comes from the Des Moines Water Works, you may have noticed a stronger chlorine smell lately. After the jump I’ve posted a statement explaining why the recent snow melt led to elevated ammonia levels in the Raccoon and Des Moines Rivers, the sources for most drinking water in central Iowa. I also enclosed background on the most common causes of higher ammonia levels in surface water systems. Those can differ from watershed to watershed, but in Iowa conventional agriculture is a common source.

The Raccoon River Watershed Association is organizing an “Aldo Leopold Weekend Event” at the Hotel Pattee in Perry this Friday night and Saturday. I’ve enclosed the program below. On Saturday afternoon people will be reading from the Sand County Almanac before a showing of the documentary “Green Fire: Aldo Leopold and a Land Ethic for Our Time.” That movie is well worth watching for anyone who cares about the environment.

Catching up on news from last week, Representative Dave Loebsack (D, IA-02) continued his pattern of voting for certain Republican bills aimed at undercutting federal regulations, especially in the environmental area (see also here). The latest example came when the U.S. House approved a bill “aimed at reducing the federal government’s restrictions on hunting, fishing and sport shooting on federal land.”  

Later this week state and regional agribusiness leaders will gather at the World Food Prize Hall of Laureates to cheerlead for corn ethanol.  The agenda for this “Hearing in the Heartland” is to rail against a proposed update to the Renewable Fuels Standard (RFS) by the Environmental Protection Agency (EPA). The bipartisan entrenchment against the update suggests corn ethanol is being somehow threatened, but despite the fanfare it really isn’t.

The EPA’s update to the 2007 law deals mostly with 2^nd and 3^rd generation biofuels. The proposed volume requirements don't hinder corn ethanol; the grain mandates shifts a few percent as business models tend to do when they are updated after 7 years.  The long-term prospects for next generation biofuels also remain strong. So why an update?  Projections for next generation biofuel have not panned out, yet. Simply put: science & engineering need to catch up to ambitious policy.

Corn ethanol was always meant as a stepping stone to “advanced” biofuels. The RFS update only seriously impedes corn if convoluted math is done to figure corn as the stop-gap filler for our old overestimates for next generation biofuels. Vested interests want to double-down on endless growth in corn ethanol, but they have lost sight of the long game amidst a tangled web of conflict-of-interest.  

“States’ rights” has typically been a rallying cry among American conservatives, but six Democratic Iowa legislators are concerned that the Trans-Pacific Partnership now being negotiated may infringe on local control and states’ ability to legislate in the public interest. In an open letter, 43 state lawmakers have asked 23 state attorneys general, including Iowa’s Tom Miller, to analyze the Trans-Pacific Partnership’s possible impact on state and local governments.

I’ve enclosed the text of the letter below, along with a news release on the initiative from the National Caucus of Environmental Legislators. The Iowans who signed are State Representatives Chuck Isenhart, Marti Anderson, Dan Kelley and Curt Hanson, and State Senators Bill Dotzler and Joe Bolkcom. The letter spells out ten areas of state regulation that signers fear could be undermined by the Trans-Pacific Partnership. Isenhart stressed that the lawmakers’ concerns go beyond environmental issues, citing Iowa’s support for the biofuels industry as well as state policies to protect consumers and discourage smoking.

President Barack Obama is seeking to fast-track the Trans-Pacific Partnership. Activists who oppose the trade agreement have criticized the secrecy surrounding the negotiations as well as the agreement’s tilt toward corporations and potential to undermine environmental and public health protections.

UPDATE: Bleeding Heartland user cocinero notes in the comments that the American Cancer Society is concerned about this trade agreement. At the end of this post I’ve enclosed a joint statement from Campaign for Tobacco-Free Kids, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association and the American Academy of Pediatrics.

Here’s your mid-week open thread, Bleeding Heartland readers: all topics welcome. Earlier this evening, Governor Terry Branstad made his re-election campaign official. I’ll post a roundup of news clips and highlights tomorrow morning.

One thing’s been bothering me all week. We hear so much about how renewable energy is too expensive for consumers compared to coal and other fossil fuels used to generate electricity. But we don’t often calculate the hidden costs of this allegedly “cheap” coal. Even under normal circumstances, coal takes an enormous toll on human health every step of the way, from mining to combustion to waste disposal. Chronic illnesses shorten lives, reduce productivity and can be expensive to treat.

Costs escalate when a catastrophe happens like last week’s chemical spill in West Virginia. Not only were 300,000 people in the area left without usable water for days, residents of Cincinnati may be affected too as the pollution flows downstream. Taxpayers will foot the bill for the emergency water deliveries and probably most of the cleanup. The government board that will investigate the chemical spill lacks the resources to do its job properly.

Here’s some good news, though, courtesy of the Iowa Environmental Council’s blog:

Iowa is also making progress retiring coal-fired generation.  In fact, a recent announcement by Alliant energy that it will convert its M.L. Kapp station in Clinton to burn natural gas means that Iowa utilities have announced over one gigawatt of coal retirement in the last year.  These announcements include three Iowa plants involved in a settlement over Clean Air Act violations the Sierra Club reached with MidAmerican Energy last year.

Click through for a table showing coal-fired plants in Iowa that will either close or shift to natural gas. (Disclosure: I’m involved with the Iowa Environmental Council but not with their blog.)

Immediately following Governor Terry Branstad’s Condition of the State address to Iowa legislators yesterday, Senate Majority Leader Mike Gronstal told Iowa Public Television that he “didn’t hear anything I disagreed with.” Not every Iowan who closely follows state government shared his reaction. State Senator Jack Hatch, the leading Democratic challenger to Branstad, slammed the governor’s “very shallow agenda” of “low expectations.”

After the jump I’ve posted more detailed comments from Hatch and a few other Iowa Democrats, as well as statements released by several non-profit organizations, which called attention to important problems Branstad ignored or glossed over.  

Citizens for a Healthy Iowa today released a new 30 second advertisement entitled ‘Drinking Water Roulette’. The ad is the first in a series that will highlight the need for Governor Branstad and the Legislature to improve standards holding Iowa farms accountable for cleaner water. ‘Drinking Water Roulette’ will air on statewide as well as in paid targeted online placements.

Citizens for a Healthy Iowa is a local clean water/environmental advocacy organization chaired by local environmental advocate Mike Delaney. 

The Iowa House and Senate convened today to begin the 2014 legislative session. All of the opening remarks reflected on key achievements of the 2013 session, such as compromise bills on commercial property tax cuts, education reform, and providing health care to low-income Iowans. All of the speeches called for more bipartisan work this year, and all stressed “pocketbook” issues such as improving education and building the middle class rather than social issues. But Republican and Democratic leaders take different priorities into the 2014 session.

I’ve summarized below the key points Iowa House and Senate majority and minority leaders raised today. I also enclosed lengthy excerpts and in some cases the full texts of their opening day speeches.

Click here for a tentative schedule of key dates during the 2014 legislative session. Lawmakers tend to finish their work earlier in election years than in odd-numbered years, but I highly doubt they will be ready to adjourn by March 30, as House Speaker Paulsen hopes. They will be lucky to finish work on the state budget by April 22, when lawmakers stop receiving per diem payments.

Talk about lousy timing: just before a chemical spill made tap water unusable for 300,000 West Virginians, the U.S. House approved a bill that would “weaken the nation’s hazardous waste laws and place American communities at increased risk of toxic exposure.” The Reducing Excessive Deadline Obligations Act of 2013 (H.R. 2279) includes three bills House Republicans drafted last year. In a letter signed by 129 public interest groups, Earth Justice listed the key points of each bill and explained why the package would “threaten human health and the environment while protecting polluters from liability for the costs of toxic cleanups.” I’ve posted an excerpt from that open letter after the jump. In a post for the Earth Justice blog last week, Lisa Evans called this bill “Kryptonite for Superfund” and “a con job of the highest order, allowing polluters to walk away without losing a penny, while taxpayers are left footing the bill.”

Under its current leadership, the House has been called “the most anti-environmental House in our nation’s history” because of the many bills passed that would curtail federal regulations and take power away from the U.S. Environmental Protection Agency. Occasionally Iowa’s two House Democrats have gone along with those efforts, but I was pleased to see that on January 9, Representatives Bruce Braley (IA-01) and Dave Loebsack (IA-02) voted against the latest effort to hamstring the EPA and for the Democratic motion to recommit this bill with instructions (often a last-ditch effort to kill legislation in the House). Iowa Republicans Tom Latham (IA-03) and Steve King (IA-04) lived up to their abysmal voting records on the environment by voting for the Reducing Excessive Deadline Obligations Act and against the motion to recommit.

Below is a response to the article http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=2013312050037&nclick_check=1 that was published on December 5th. The piece was submitted but not published. It was written in collaboration with staff from Pesticide Action Network:

Contrary to Mr. Lehr’s inflammatory remarks to the recent Iowa Farm Bureau Federation annual meeting, the trend of Iowans paying attention to agricultural practices is a far cry from the state rejecting farming. Iowans have a deep appreciation for agriculture. They want what is best for food production, and for the state... A healthy dialog about farming practices isn’t something to fear – it can help make Iowa a healthier and more economically secure place to live. 

Iowans have the ear of our Iowa legislators — voice your support to help establish a statewide River Restoration Program. Submit your comments by Tuesday, Dec 10th. 

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread.

As a major cold front and a dusting of snow covered much of Iowa in recent days, birds have been relying more on feeders. I’ve refilled ours every two or three days instead of once every ten days to two weeks. Now would be a excellent time to put out thistle seed for finches or any feeder containing a mix of birdseed.

November is the peak time for deer-vehicle collisions. The other day I was on a two-lane highway near dusk and saw a doe dart across the road, narrowly escaping a deadly encounter with trucks traveling in both directions. Of course, I thought immediately of Senator Chuck Grassley.

Pheasant season opened in late October, but bird numbers are down significantly, due to weather conditions and habitat loss. The trendlines are even worse in South Dakota.

Via the Next City blog, I saw an amazing map of the “United Watershed States of America.” Land use planner John Lavey created the map after wondering, “What if all the states were configured around principal watersheds?” In Lavey’s map, “Iowa” consists of areas feeding into the Mississippi River. Western parts of our state that feed into the Missouri River are part of “Missouri” on the map.

Speaking of watersheds, the Raccoon River Watershed Association is selling a beautiful 2014 calendar as a fundraiser ($18 per calendar or $15 each if you order at least ten). Many calendars include lovely Iowa nature photos, but to my knowledge, only this one contains detailed information about Iowa phenology. Dr. Lee Searles created the calendar with birders, native plant lovers and nature enthusiasts in mind. For instance, it notes that early warblers usually start arriving on April 8. Yellow coneflower starts opening around July 3. Northern Goshawks start to come down the Raccoon River around September 15. UPDATE: Here’s a link to the calendars.

Sitting at Abraham Lincoln’s desk, Illinois Governor Pat Quinn signed a marriage equality bill into law today. That makes 15 states plus Washington, DC where couples can marry regardless of sexual orientation. In the order where same-sex marriage was legalized, either by courts, legislation, or referendum: Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, the District of Columbia, New York, Washington, Maine, Maryland, California, Rhode Island, Delaware, Minnesota, New Jersey, Hawaii, and Illinois.

More good news out of our neighbor to the east:

Chad Pregracke, an Illinois man who has dedicated his life to cleaning the Mississippi River and other U.S. waterways, was named the 2013 CNN Hero of the Year on Tuesday night.

Pregracke organizes community cleanups across the country through his nonprofit, Living Lands & Waters. About 70,000 volunteers have pitched in, helping Pregracke collect more than 7 million pounds of trash in the past 15 years.

Pregracke has inspired many Iowans involved in river restoration and water quality work. He grew up in East Moline, just over the Mississippi.

This is an open thread: all topics welcome.

Iowa Attorney General Tom Miller launched his campaign for a ninth term today with events in Des Moines, Cedar Rapids, and Dubuque. His official statement, posted below, elaborates on Miller’s recent response to critics of his work and highlights the following “achievements for Iowans in the last three years”:

1. Miller’s “leadership in negotiating the national mortgage servicing settlement with major banks,” resulting in “payment of more than $40 million to Iowa homeowners and funding the Iowa Mortgage Help Hotline, which has helped thousands of Iowans with mortgage foreclosure issues.” (Roughly 6,000 Iowa borrowers received checks for $1,480 as part of the settlement–hardly adequate compensation for losses they suffered because of lenders’ mortgage servicing abuse.)

2. Protecting consumers against various kinds of fraud.

3. Helping to prosecute both violent and white-collar criminals, strengthening laws against child pornography and enticement of minors, improving victim assistance services to Iowans who have suffered from family violence or sexual assault.

4. Saving millions of taxpayer dollars by defending the state in various lawsuits.

5. Protecting the environment through “18 enforcement actions during the last three years involving air pollution, water pollution, and illegal solid waste disposal.”

Miller also promised to work on more issues during his next term, including “abuses by for-profit colleges,” “shoddy debt collection practices,” “ways to strengthen human trafficking and consumer protection laws,” and “the challenges of the e-cigarette.” UPDATE: Radio Iowa posted audio from one of Miller’s press events today.

I have not heard of any Republicans planning to challenge Miller in 2014. He was unopposed in 2006 and defeated Brenna Findley by a comfortable 55.5 percent to 44.4 percent margin in 2010 despite being outspent during the campaign and facing negative television commercials.

Polk County Soil and Water Commissioner Sherrie Taha announced her candidacy for Iowa secretary of agriculture last month and has been appearing at Democratic events around the state in recent weeks. Her campaign is on Facebook here. To my knowledge, there isn’t a campaign website yet.

Taha’s central message is simple: “A healthy Iowa begins with healthy soil.” Protecting that soil will reduce input costs for farmers while producing cleaner water in Iowa and downstream. That basic truth seems to be lost on the incumbent Secretary of Agriculture Bill Northey. Despite evidence that Iowa’s world-class topsoil, a non-renewable resource, is “floating away” at an alarming rate, Northey has resisted any regulation aimed at reducing runoff into waterways. Instead, Northey promotes voluntary efforts, which may not be applied where they are most needed to keep topsoil in place. The incumbent also opposes any numeric standards which would indicate whether the state’s strategy to reduce water pollution from farms is working.

Taha will have an uphill battle against Northey, who was narrowly elected in 2006 and easily re-elected in 2010. The incumbent will have strong financial backing from interest groups that profit from current conventional agricultural practices. A far larger group of Iowans would benefit from Taha’s plan to do more to protect farmland and clean water. After the jump I’ve posted the introductory piece of literature from her campaign, which highlights her priorities and provides a short bio.

As a member of the National Organic Standards Board (NOSB), I have been asked by consumers how the rules recently got changed in the National Organic Program (NOP) to make it easier for synthetic materials on the National List of Approved Materials to be relisted when they sunset after five years (as required by law).  To clarify, any synthetic materials approved for use in organic production and handling must be approved by the NOSB by a two-thirds majority vote.  And, by law, those materials sunset in five years and must be re-approved by the NOSB to remain on the National List.  

The recent rule change — made by USDA without consultation with the NOSB — turns the voting upside down, changing the voting for sunseting materials from a former two-thirds majority to re-approve a sunseting material to two-thirds majority to de-list a sunseting material.  As Jim Riddle, long-time leader in the organic community and former Chair of the NOSB points out below in a letter to the Organic Trade Association (who supports the rule change), that is a huge change.  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread.

I’ve been catching up on news related to the Iowa Supreme Court. On October 9 the seven justices heard oral arguments in two cases at the Fort Dodge Middle School auditorium. One of those cases was Iowa Farm Bureau, et al. v. Environmental Protection Commission, et al. Interest groups representing major water polluting industries in Iowa are seeking to overturn one of the most significant water quality protection rules this state has adopted during my lifetime. In March 2012, a Polk County District Court judge declared the legal challenge to the rule “without merit.” The Farm Bureau quickly signaled its intent to appeal, claiming the case was about “good government” rather than water quality.

The Iowa Supreme Court will likely announce a decision in this case sometime early next year. Ryan Koopmans noted recently at the On Brief blog that the justices have cleared what used to be a major backlog and are running an efficient operation.

On average, the Court issues a decision 112 days after final submission (which is usually triggered by oral argument).  But even that figure understates the Court’s efficiency.   There is a small subset of cases that, because of their complexity or other unusual factors, skew the average, which means that the median might give a better picture of the Court’s timeliness.  That’s 87 days between final submission and decision, which is relatively fast.

The Court is even faster when the situation calls for it.  In February, the Court issued a decision in In re Whalen-a case about a burial location- just 29 days after the scheduled oral argument.  And the  Court has made it a priority to respond quickly to certified questions from federal district courts.

Incidentally, last week’s session in Fort Dodge is part of the Iowa Supreme Court’s relatively new commitment to hear cases outside its chambers in Des Moines periodically. The effort was one response to the 2010 retention elections, the first ever in which voters chose not to retain Iowa Supreme Court justices. University of Iowa College of Law professor Todd Pettys cited those hearings around the state as one among many reasons that the 2012 vote to retain Justice David Wiggins turned out differently from the elections two years earlier. You can download Pettys’ paper for the Journal of Appellate Practice and Process here. While it’s probably healthy for the justices to work in other cities from time to time, I think the other factors Pettys discusses were far more important in 2012 than the court’s statewide tour.

At the end of Pettys’ paper, he discusses the future for the Varnum v Brien ruling, which cleared the way for same-sex marriages in Iowa in 2009. Commenting on a somewhat surprising “special concurrence” by Justices Edward Mansfield and Thomas Waterman in a different case related to marriage equality, Pettys suggests that perhaps “the Iowa Supreme Court is no longer of one mind about whether the Varnum Court was right to hold that the Iowa Constitution grants same-sex couples the right to marry.”

Some potentially good news for Iowa waterways: after months of delays, the Iowa Department of Natural Resources and the U.S. Environmental Protection Agency finally signed a work plan on new procedures for permitting and inspecting large livestock farms.

Iowa’s confined animal feeding operations create more untreated manure annually than the total sewage output of the U.S. population. An EPA report published last summer concluded that the DNR’s CAFO permitting and inspection protocols did not conform to the Clean Water Act.

Federal and state officials negotiated a draft work plan to address these problems last fall, and the plan was ready to be signed in January of this year. However, the DNR requested changes to the plan based on feedback from the Iowa Farm Bureau, which tries to protect corporate agriculture from effective public oversight. Governor Terry Branstad tried to intervene with EPA officials to reduce inspections of factory farms. (Click here to read the correspondence.) To the dismay of some environmentalists, the governor also insisted that EPA Administrator Gina McCarthy meet with industry representatives to discuss the CAFO inspection regime.

Although the final work plan isn’t ideal and provides for fewer in-person inspections than the earlier draft, the agreement looks like a big improvement on the status quo at the DNR. After the jump I’ve posted statements on today’s news from the DNR and environmental organizations that have been involved with this process. I also posted the seven-page work plan for inspecting thousands of CAFOs over the next five years. For more background, check out the EPA Region 7’s website and the Sierra Club Iowa chapter’s documents on CAFOs.

It will take a lot of follow through to make sure the DNR implements this plan. The agency indicated last fall that it would need thirteen new livestock inspector positions to meet Clean Water Act goals. Then DNR Director Chuck Gipp formally asked for eleven new positions in the 2014 budget, but Governor Branstad requested funding for only five new inspectors. Iowa Senate Democrats approved funding for thirteen new inspectors, but Iowa House Republicans supported the governor, and final budget for fiscal year 2014 included funding for just seven new DNR positions in this area.

This summer the U.S. House has approved several energy-related bills, which could affect public health and the environment as well as corporations in the oil, gas and coal sectors. As we saw last year, Iowa’s four U.S. representatives don’t consistently split on party lines when such bills come to the House floor.

Follow me after the jump for details on the latest energy legislation approved in the lower chamber. None of these bills are likely to pass the current U.S. Senate, but they would have better prospects if Republicans won a Senate majority in the 2014 elections.

What’s on your mind this weekend, Bleeding Heartland readers? I’ve been thinking about some high-tech failures. For instance, genetically-modified seeds were supposed to solve farmers’ weed problems. Yet weeds resistant to glyphosate (the main ingredient in Monsanto’s Roundup herbicide) are “gaining ground” across Iowa. The problem is worse on farms where Monsanto’s Roundup Ready seeds have been planted the longest.

Rootworms “resistant to one type of genetically engineered corn” are also a growing problem. Genetically-modified seed was supposed to make corn plants poisonous to rootworm, but now farmers are “deploying more chemical pesticides than before.” The outcome was predictable.

On a related note, research shows that nitrogen enrichment through added fertilizers can hurt plant diversity and productivity of grasslands in the long term.

Some Midwestern cities and towns “are absorbing a financial beating after betting big on an innovative coal-fired power plant” during the last decade. “Clean coal” was always a boondoggle.

Speaking of costly investments, the state of Iowa continues to shovel tax credits to Orascom for a fertilizer plant project that would have been built in Iowa anyway. But hey, what’s another $25 million?

This is an open thread: all topics welcome.