As expected, President Barack Obama vetoed a bill that would have forced approval of the Keystone XL pipeline. In his message to Congress, Obama said the bill “conflicts with established executive branch procedures and cuts short thorough consideration of issues that could bear on our national interest — including our security, safety, and environment.”  

Republican leaders will attempt to override the veto, but those efforts will almost certainly fail, since the bill didn’t muster a two-thirds majority in either the House or the Senate. The next likely step is for Congressional Republicans to attach language on Keystone XL to some other “must-pass” bill. I am concerned that under those conditions, language on the pipeline would not be a deal-breaker for Obama.

All four Iowans in the U.S. House supported the Keystone XL bill, as did Senators Chuck Grassley and Joni Ernst. I haven’t seen any official comment on the veto from Representatives Rod Blum (IA-01), Dave Loebsack (IA-02), David Young (IA-03), or Steve King (IA-04). After the jump I’ve posted the full text of the president’s veto message, along with reaction from Grassley and Ernst. I will update as needed.

This afternoon the U.S. House of Representatives approved the Senate-passed version of a bill that would authorize construction of the Keystone XL pipeline. As was the case last month, all four Iowans were part of the House majority that passed the bill by 270 votes to 152 (roll call). Dave Loebsack (IA-02) was one of 29 Democrats who voted yes today; his record on previous bills related to the pipeline is mixed. President Barack Obama has said he will veto the Keystone XL bill. The big question is what he will do if Congress includes similar language in other “must-pass” legislation.

Yesterday the House passed two bills related to the Transportation Security Agency. Members unanimously approved a bill “aimed at stopping the Transportation Security Agency from overpaying some of its workers to act as investigators, when they aren’t really investigating anything,” Pete Kasperowicz reported for The Blaze. The other bill, approved with only one dissenting vote, is intended to improve security at U.S. airports, in particular contingency plans for terrorist incidents.

Also today, House members including all four Iowans unanimously approved a bill to award “a Congressional Gold Medal to the Foot Soldiers who participated in Bloody Sunday, Turnaround Tuesday, or the final Selma to Montgomery Voting Rights March in March of 1965, which served as a catalyst for the Voting Rights Act of 1965.” However, House Republicans rejected calls from Democratic leaders to quickly pass legislation that would reanimate the Voting Rights Act after the U.S. Supreme Court struck down part of that law in 2013.  

After hours of floor debate and votes on dozens of amendments over more than two weeks, today the U.S. Senate approved a bill to force construction of the Keystone XL pipeline. Nine Democrats joined all the Republicans present to pass the final bill by 62 votes to 36 (roll call). Iowa’s Senators Chuck Grassley and Joni Ernst have long supported Keystone XL, and Ernst possibly owes as much as any member of the Senate to campaign spending by the Koch brothers, who stand to profit from more tar sands oil extraction in Canada.

The Keystone XL bill now goes back to the U.S. House, which will surely send it to President Barack Obama. (All four Iowans supported the pipeline bill that cleared the House earlier this month.) A White House spokesman repeated today that the president intends to veto the current bill.

Before today’s vote on final passage, senators rejected more than a dozen amendments to the Keystone XL bill. You can find all the roll calls here. Democrats offered most of the defeated amendments, which went down primarily along party lines. For instance, Grassley and Ernst helped their GOP colleagues reject Sheldon Whitehouse’s amendment, which was designed to “require campaign finance disclosures from companies benefitting from the Alberta oil sands.” Other defeated Democratic amendments would have further studied potential safety problems and threats to public health associated with the Keystone XL pipeline, allowed permitting agencies “to consider new circumstances and new information,” or delayed the effective date of the bill until the President could rule out “certain negative impacts” from its construction.

In what may be the first Senate vote where Grassley and Ernst landed on opposite sides, Grassley was one of just three GOP senators to support Heidi Heitkamp’s amendment that would have extended renewable energy tax credits. Ernst was among the 51 Republicans who voted against that amendment, which would benefit Iowa’s wind power industry. Both Grassley and Ernst voted against Bernie Sanders’ effort to expand incentives for installing solar power and Tom Udall’s amendment on establishing a federal renewable electricity standard.

A few Republican amendments also fell short of the 60 votes needed for passage during the Keystone XL debate. Without Democratic votes, support from Grassley, Ernst, and most of the GOP caucus wasn’t enough to win approval of Ted Cruz’s amendment promoting crude oil exports, Jerry Moran’s effort to “delist the lesser prairie-chicken as a threatened species,” or Lisa Murkowski’s amendment, which would “free up areas like ANWR [Alaska National Wildlife Refuge] and others that have been designated by the federal government as wilderness regions to potential drilling.” Yesterday and today, Grassley and Ernst helped the Republican majority either to reject or to table a series of amendments related to climate change. Puneet Kollipara and David Malakoff described those amendments and votes in this Science magazine article.

During Senate sessions last week, Grassley and Ernst voted for language stating that climate change is “real” and “not a hoax” but against various statements indicating that human activity contributes to climate change.  

Continuing the Republican push to make fossil fuels projects a priority for this Congress, yesterday the U.S. House approved the “Natural Gas Pipeline Permitting Reform Act” by by 253 votes to 169 (roll call). Cristina Marcos reported for The Hill,

Under the measure, the Federal Energy Regulatory Commission (FERC) would be ordered to approve or deny a [natural gas] pipeline application within 12 months.  Agencies responsible for issuing licenses or permits must act within 90 days after FERC issues a final environmental review, though the deadline could be extended by 30 days if the agency demonstrates it can’t finish in time.

But if the agency doesn’t make a decision by then, a pipeline would automatically be approved.

Republicans said the legislation would put pressure on agencies to avoid unnecessary delays for natural gas pipelines. […]

The White House issued a veto threat against the measure, saying it would “create conflicts” with current requirements and force agencies to make rushed decisions or deny applications entirely because they don’t have enough information by the established deadlines.

All the Republicans present supported this bill, including Iowans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04). They were joined by fourteen House Democrats, but Dave Loebsack (IA-02) stuck with the majority of his caucus in opposing this bill. Loebsack also voted against a similar bill that the House approved in 2013. I haven’t seen any public comment on yesterday’s vote, but I will update this post as needed.

The U.S. Senate considered a series of amendments today to a bill that would force construction of the Keystone XL pipeline. Democrats know they will be unable to block passage of the bill, but are trying to get senators on record acknowledging the existence of climate change. One amendment that would “express the sense of the Senate that climate change is real and not a hoax” passed by 98 votes to 1 (roll call). The yes camp included Iowa Senators Chuck Grassley and Joni Ernst as well as possible Republican presidential candidates Ted Cruz, Rand Paul, and Marco Rubio. Laura Barron-Lopez reported for The Hill that most Republicans rejected a separate Democratic amendment which stated that “climate change is real and human activity significantly contributes to climate change.” Grassley, Ernst, Cruz, Paul, and Rubio were all in the “nay” group on that amendment. From Barron-Lopez’s story:

In an attempt to provide political cover for Republicans, Sen. John Hoeven (R-N.D.) put forward an alternative that expressed the sense of the Senate that the Keystone oil pipeline would not significantly impact the environment or contribute to global emissions. The provision included a line stating that humans contribute to climate change but without the word “significantly.”

Fifteen Republicans voted for that amendment, including Paul, making him the only 2016 contender to go on record as saying that human beings contribute to climate change.

Neither Grassley nor Ernst voted for the Hoeven amendment (roll call). I assume that if they do not accept any human contribution to climate change, they would not be open to any government policies aimed at reducing greenhouse gas emissions.  

What better way to launch a new blog than with a scoop? Pat Rynard delivered that when his Iowa Starting Line website came online yesterday, with this post about Gary Kroeger considering the Democratic primary in Iowa’s first Congressional district. On his own blog, Gary Has Issues, Kroeger describes himself as follows:

First and foremost, I am the father of two wonderful boys.  I am also a son, a brother, and the creative director at an advertising agency in Cedar Falls, Iowa.  I write an Op-Ed column for the Waterloo-Cedar Falls Courier, and in my past, present and future, I have been an actor, a writer, television host, announcer, voice over artist, producer, restaurateur, emcee, activist, and fundraiser.

Judging by his comments to Rynard, Kroeger would position himself as the progressive candidate in a Democratic primary:

Born in Cedar Falls, he moved back to his hometown in 2003 to give his two young sons a more stable life. At 57, he says he’s kept himself involved in local politics by hosting coffees for candidates, lobbying a bit on some statehouse legislation, and writing the left-leaning column for the Waterloo-Cedar Falls Courier. That got him thinking about taking his passion for politics to a bigger stage.

“I have a strong voice and a capability to persuade people to listen better than most in the political arena,” Kroeger says of what advantages he thinks he’d bring to a campaign. “I believe I have something that may be missing. I’ve been watching politics my whole life. It’s a whole lot of dull. Legislators are not persuading, not convincing people, not getting people to think.”

As for the issues he would run on, civil rights would anchor his platform. “Civil rights and justice for all, for gay marriage, for women, for minorities. It’s what defines progressivism. And then you go out from there. It touches on the right to breathe clean air, it lends itself to environmental justice, to economic justice.” On where Kroeger thinks his party goes wrong, he says, “Democrats tend to get soft to win. No one draws a line in the sand. The Constitution guarantees civil rights to all. A woman should have domain over her body. I’m not going to go away from these ideas. It defines being a progressive.”

Cedar Rapids City Council member Monica Vernon rolled out her campaign in IA-01 last week with endorsements from some liberal Democrats in the Iowa legislature, but others have expressed doubt over whether she is committed to progressive values. For the most part, I believe competitive primaries make parties stronger, so I welcome a good, clean debate between Vernon, Kroeger, and anyone else who wants to make Representative Rod Blum a one-termer. May the best Democrat win.

Governor Terry Branstad will deliver his annual Condition of the State address to members of the Iowa House and Senate this morning at 10 am. You can watch the speech live on Iowa Public Television’s website or on IPTV World (channel 119 on Mediacom in central Iowa). The full text as prepared will be available on the governor’s official website.

Judging by yesterday’s opening remarks from state legislative leaders, Iowa House Republicans most want to see new tax reform proposals from the governor. Iowa Senate Democrats are most closely watching to see whether Branstad will propose adequate funding for education at all levels, from pre-school to K-12 to community colleges and state universities. I’ll update this post later with highlights from the day. Any comments about the governor’s speech (content or delivery) or the upcoming legislative session are welcome in this thread.

UPDATE: Added highlights and some reaction to the “Together We Can” speech below. James Q. Lynch created a graphic showing the words Branstad used most.

Chutzpah alert: Branstad is urging lawmakers to “bring together state agencies that have a shared interest in quality of life initiatives and invest in our parks, trails, lakes and museums.” Maybe he’s forgotten that the state legislature did that last year, before he vetoed millions of dollars that would have gone toward parks, trails, water quality programs and other amenities.

It’s also disappointing that the governor can’t quit lying about how many jobs have been created since he returned to public office.

It’s encouraging to hear the governor call for stronger efforts to protect victims of domestic violence and end bullying in schools. The devil will be in the details of those proposals. Speaking to Radio Iowa, Iowa Senate President Pam Jochum said “the anti-bullying proposal as well as the anti-domestic violence proposal will get a very good response from the Iowa Senate.” But she said the governor’s proposed education funding is “less than what we know we need in order to bring Iowa’s per pupil spending investment up to at least close the national average.” Meanwhile, House Speaker Kraig Paulsen told Radio Iowa that his caucus will continue to look for tax cuts (“a way to for Iowans to leave more of their own money in their pockets”).

SECOND UPDATE: As he did last year, the governor called for expanding access to broadband statewide. But strangely, Branstad does not plan to attend President Barack Obama’s scheduled January 14 event in Cedar Falls, where the president will “propose plans to increase affordable access to high-speed broadband internet.”

LATE UPDATE: Nate Monson, executive director for Iowa Safe Schools, characterized the governor’s anti-bullying bill as a “giant leap forward for gay youth” in Iowa. I’ve enclosed excerpts from his Des Moines Register guest editorial at the end of this post.

Today the U.S. House of Representatives approved by 266 votes to 153 (roll call) a bill to allow construction of the Keystone XL pipeline. As expected, Iowa Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) voted for the bill. Dave Loebsack (IA-02) was one of 28 Democrats who also supported the bill. Laura Barron-Lopez and Cristina Marcos reported for The Hill,

The vote marked the 10th time the House has voted to authorize the Keystone pipeline in the last four years, and the third time in sixth months.

Loebsack has not supported all of those bills, but he voted for several of the Keystone XL measures, most recently in November. In a statement I’ve posted after the jump, Loebsack explained that “environmental concerns are important,” but he came down in favor of the pipeline because of “the infrastructure jobs that will be created.”

In the comments to yesterday’s post on Loebsack joining a Republican effort to roll back financial regulations, Bleeding Heartland user ontheright asked whether the five-term Democrat might face a primary challenge from the left. I don’t expect that to happen, because for reasons I don’t entirely understand, Johnson County liberals never hold Loebsack accountable for his bad votes on Republican bills, no matter how disappointed they may be. In this case, people will forgive the vote because several Iowa labor unions want the Keystone XL pipeline to be built, or because the White House has said President Barack Obama will veto the bill. Next week or next month, it will be another disappointing vote by Loebsack, and another excuse.

The veto threat is important because for now, Keystone XL backers lack the two-thirds majority needed to over-ride a presidential veto in the U.S. House. The Republican-controlled Senate is expected to pass the Keystone bill next week. While there are enough Democrats in favor to cross the 60-vote threshold to break a filibuster, there are not enough to provide 67 Senate votes to over-ride a veto on this issue.

Any relevant comments are welcome in this thread. King released a video statement on today’s vote.

Happy new year to everyone in the Bleeding Heartland community! Undeterred by my failure (yet again) to win, place, or show in my own blog’s election contest, I offer fifteen Iowa politics predictions for this calendar year.

Your own predictions or any other relevant comments are welcome in this thread. At the end of this year I’ll look back to see what we got right or wrong.

Last night the U.S. House approved a $1.1 trillion “cromnibus,” a massive continuing resolution to fund most of the federal government through September 2015. The 219 to 206 roll call showed an unusual bipartisan split, with 162 Republicans and 57 Democrats supporting the bill, while 67 Republicans and 139 Democrats voted against it. Many of the most outspoken House progressives and conservatives were against the cromnibus, for different reasons. Only one of Iowa’s four U.S. House members voted yes: retiring Republican Tom Latham (IA-03). I have not seen any official statement explaining his reasons.

Republican Steve King (IA-04) opposed the bill primarily because in his view, it did not do enough to block funding for President Barack Obama’s executive action on immigration. I’ve posted some of King’s recent statements on the issue after the jump. King’s office has not responded to my request for comment on assertions by House Appropriations Committee staff that it would be “impossible” to defend the immigration order. King offered an amendment (full text here) which would have funded “all of the government until January 30 of next year but [would] prohibit any and all funds from being used to carry out the president’s lawless, unconstitutional executive amnesty in all its forms.” But an analysis by Scott Wong for The Hill suggests that the Obama administration would be able to carry out the executive order even if Congress shut down the federal government.

Iowa Democrats Bruce Braley (IA-01) and Dave Loebsack (IA-02) both voted against the funding bill. I have not seen any official statement explaining those votes but will update this post as needed.

In the busy days before Thanksgiving, I missed this unintentional comedy from Governor Terry Branstad’s weekly press conference (hat tip to Todd Dorman):

“There’s also a constitutional question about whether the president of the United States has the authority to act unilaterally on issues like this [immigration policy],” Branstad said. “So I expect there’s going to be a lot of unanswered questions that I need to get information about and what the impact would have on our state.”

Asked if he would take executive action on state immigration policy, Branstad responded, “We don’t operate that way in Iowa.”

“That’s the difference between Washington, D.C., and Iowa,” Branstad said. “In Iowa, I’m very careful to recognize the separation of powers and to work with the Legislature.”

Where to begin?

Catching up on news from last week, the U.S. Environmental Protection Agency has released new standards for ground-level ozone that will reduce the incidence and severity of various respiratory diseases. Click here for details on the standards.

Ground level or “bad” ozone is not emitted directly into the air, but is created by chemical reactions between oxides of nitrogen (NOx) and volatile organic compounds (VOC) in the presence of sunlight. Emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOx and VOC. Breathing ozone can trigger a variety of health problems, particularly for children, the elderly, and people of all ages who have lung diseases such as asthma. Ground level ozone can also have harmful effects on sensitive vegetation and ecosystems.

Current regulations allow ozone at 75 parts per billion. The new rules would lower that to a level between 65 and 70 parts per billion. Mark Drajem reported for Bloomberg News, “The EPA’s independent science advisers this year recommended the administration set the standard at 60 to 70 parts per billion, and urged the agency to consider the lower end of that range.”

After the jump I’ve posted the EPA’s press release and excerpts from a commentary by EPA Administrator Gina McCarthy, along with some reaction by critics of the proposal. Predictably, some business groups say the new standards will be devastating for the economy. McCarthy pointed out that same dire warnings have accompanied every new environmental regulation for decades.

The Iowa Association for Business and Industry is concerned that the EPA proposal may be expensive for manufacturers. Data collected between 2011 and 2013 at various monitoring sites around Iowa indicate that ground-level ozone is already below 70 parts per billion at all tested locations. Some of the Iowa sites recorded levels below 65 parts per billion; others are slightly above that level. The EPA does not anticipate that any counties in Iowa will violate the new ozone standard by 2025. Counties with the worst smog problems, including many in California, will be given more time to comply with the new ozone standards.

A group of Muscatine residents will be able to pursue their nuisance lawsuit against the Grain Processing Corporation, one of the area’s major polluters for many years. Yesterday the U.S. Supreme Court refused to hear the company’s appeal of a unanimous Iowa Supreme Court decision allowing the lawsuit to be heard in Iowa District Court. The company had argued that the federal Clean Air Act preempts claims like the ones the Muscatine residents are making. (You can see Grain Processing Corp v. Freeman, Laurie, et al on a long list of cases in which the Supreme Court denied certiorari.)

There is no guarantee that the Muscatine residents will win their nuisance lawsuit, but now a District Court will consider the merits of their case. Plaintiffs claim that the Grain Processing Corporation’s facility exposes locals to dangerous levels of air pollution, damages their property, and reduces property values.

UPDATE: Jason Liegois reported for the Muscatine Journal,

Environmental groups, including Clean Air Muscatine, supported the lawsuit, but business groups said regulation of air pollution should be left to state and federal agencies and not judged on a case-by-case basis.

“We are disappointed in the decision” GPC spokesperson Janet Sichterman, stated in an to the Muscatine Journal. “GPC, and others, strongly contend that regulation of air emissions is not the responsibility of the courts, rather the responsibility of the EPA and the Iowa Department of Natural Resources (IDNR).”

Sichterman also pointed out GPC’s plan to transition from using coal to natural gas boilers, which would nearly eliminate sulfur dioxide and lead, among other emissions. The company is doing this as part of an agreement between the state and GPC, which also saw the company pay a $1.5 million fine to settle a lawsuit against the company filed by Iowa Attorney General Tom Miller. In addition, GPC is investing nearly $100 million in a dryer house project and other environmental control technology. […]

GPC, a subsidiary company of the Muscatine-based Kent Corp., operates a plant that turns corn kernels into products ranging from corn syrup to ethyl alcohol. A regional economic force, the company buys $400 million in corn from farmers annually and is one of the area’s largest employers. […]

Sichterman said the case is in the discovery phase, where it is expected to remain until at least the summer of 2015.

(*Cross-Posted from Op-Ed by Mike Delaney, President of Citizens for a Healthy Iowa)

As the new year approaches, many of us resolve to better align our actions with our best selves, by supporting organizations that help to build healthier families and stronger communities, and seeking to make our world a better place. This week, against this backdrop, the Iowa Farm Bureau (IFB) hosts its annual convention in Des Moines.

(for the full report and background go to www.FarmBureauExposed.com) 

Iowans want clean water, but that has not motivated Iowa policymakers to tackle water pollution.

Rather, the driving fear is stronger regulation by the Environmental Protection Agency (EPA) because of the “dead zone.” That 5,000-square-mile area in the Gulf of Mexico has become toxic to life because of nitrogen and phosphorus, mostly from farm runoff. Iowa and Illinois are the top culprits.

The state’s “nutrient reduction strategy” is a narrow approach designed not to clean up Iowa’s water in our lifetimes, but to forestall specific federal limits on polluted water. The plan is focused on how to manage fertilizer. That piece is good as far as it goes, but does not go far enough. Iowa needs a broader strategy.

The Gulf of Mexico is not the only water body with a “dead zone.” For example, Maryland depends on  the Chesapeake Bay as a $1 trillion economic driver, including tourism, recreation, seafood and other industries. Maryland has been fouling its own nest for decades.

Imagine the Gulf of Mexico in Iowa. No doubt dealing with our 489 impaired lakes and streams suffering death by a thousand drips would become more urgent, undeserving of the 80 percent budget cut inflicted by Governor Branstad this year.

As both perpetrators and victims, Maryland citizens made clean water a top public priority. In leaner economic times, a 2012 poll showed that 91 percent of Maryland residents said cleaner water was important and nearly two-thirds supported increasing a statewide household tax to do it. Eighty percent wanted the state to be active in managing growth.

I spent a day on a recent trip to Maryland learning about the Chesapeake Bay. Governor Martin O’Malley put his staff at my disposal after I met him on his summer visit to Iowa. What lessons can be learned from the Chesapeake initiative that might be helpful to us?

Before adjourning for the Thanksgiving recess, the U.S. House approved three bills last week designed to limit the Environmental Protection Agency’s ability to function. Iowa Republicans Tom Latham (IA-03) and Steve King (IA-04) voted for all three bills, while Democrats Bruce Braley (IA-01) and Dave Loebsack (IA-02) voted against them all. On November 18, representatives passed the “EPA Science Advisory Board Reform Act” by 229 votes to 191 (roll call). Cristina Marcos reported for The Hill, “Among other provisions, the measure would require the Scientific Advisory Board, which consults the EPA on its regulations, to have at least ten percent of members from state, local or tribal governments. […] Democrats said the measure would hinder the board’s effectiveness and compromise its members’ scientific expertise.” Scientists are alarmed about the prospect of more industry experts on an EPA board.

On November 19, House Republicans and a handful of Democrats approved the “Secret Science Reform Act of 2014” by 237 votes to 190 (roll call). This bill would block the EPA from adopting new regulations based on scientific research unless all raw data were publicly available. Its backers claim they are only trying to improve transparency at the federal agency. But peer-reviewed studies, particularly in the field of public health, often rely on confidential patient information that cannot be made public.

Andrew Rosenberg, who heads the Center for Science and Democracy at the Union of Concerned Scientists, discussed both of these “attacks on independent science” by House Republicans. I’ve enclosed excerpts from his commentary after the jump.

Finally, on November 20 every House Republican and sixteen Democrats approved the “Promoting New Manufacturing Act” by 238 votes to 172 (roll call). Cristina Marcos reported that this bill would ” enhance the Environmental Protection Agency’s reporting requirements for the number of pre-construction permits it issues under the Clean Air Act.”

In addition, the bill would direct the EPA to report to Congress each year on how it can expedite the permitting process. House Majority Whip Steve Scalise (R-La.), the measure’s sponsor, argued it would promote manufacturing and increase transparency. […]

But Rep. Henry Waxman (Calif.), the top Democrat on the House Energy and Commerce Committee, said the measure would weaken environmental protections by allowing permit applicants to avoid updated EPA air quality standards if the facilities are new or expanding, calling it “pollution amnesty.”

“This bill does not do anything to improve the permitting process for new and expanding facilities, but it does weaken air quality protection,” Waxman said.

Marcos’ reporting indicates that the White House has issued veto threats against all three of these bills. Once Republicans take control of the U.S. Senate in the new year, Obama may get several opportunities to reject bad bills affecting the EPA.  

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

About a year ago, the U.S. Environmental Protection Agency announced plans to change the Renewable Fuel Standard, which regulates how much ethanol must be blended into gasoline. Iowa elected officials from both parties expressed unanimous outrage, with Governor Terry Branstad and Representative Bruce Braley seeking out especially prominent roles in the battle against reducing the Renewable Fuel Standard. The very first week of the Iowa legislature’s 2014 session, state lawmakers unanimously approved a non-binding resolution urging the EPA to abandon its proposed rule.

The EPA proposal was supposed to become final in the spring of 2014, but political pressure forced a series of delays. Finally, this past Friday the agency announced “that it will not be finalizing 2014 applicable percentage standards under the Renewable Fuel Standard (RFS) program before the end of 2014.” After the jump I’ve posted reaction from Senators Tom Harkin and Chuck Grassley, Governor Branstad, and Representative Dave Loebsack (D, IA-02).

The immediate impact will be more uncertainty for Iowans whose livelihood depends either directly or indirectly on the ethanol industry. But I would guess that every delay makes it less likely that the EPA will move forward with its original proposal, which could be construed as a victory for Iowa biofuels.

The reality is more complicated than such unusual political consensus implies. At an “all-day pepfest for ethanol” organized by the governor in January, Francis Thicke was the only person to offer the “other side” of the story. Thicke has a doctorate in agronomy and soil science from Iowa State University. His testimony asserted that it is “disingenuous to frame the debate on the Renewable Fuels Standards (RFS) as a struggle between farmers and Big Oil” and that “EPA’s proposed changes to the RFS are not that radical.” Thicke also pointed out, “Corn ethanol was always meant to be a stepping stone to advanced biofuels.” In this guest post, Bleeding Heartland user black desert nomad likewise questioned whether corn ethanol was really “under attack” and argued that “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.”  

Iowa’s Senators Chuck Grassley and Tom Harkin rarely found themselves in agreement during a busy day on the Senate floor yesterday. A bill to force approval of the Keystone XL pipeline project fell one vote short of the 60-vote threshold to defeat a filibuster. The roll call shows that Grassley was among the 59 yes votes (all Republicans plus 14 Democrats), while Harkin was among the 41 Democrats who defeated the bill. Scroll to the end of this post to read Grassley’s statement on the failure to pass this measure. He backs an “all-of-the-above approach to meet the country’s energy needs and give consumers choice.” He does not address the reality that oil transported via Keystone XL would likely be sold to foreign markets, having no effect on domestic gasoline prices.

Although several of the pro-Keystone Democrats just lost their seats in this year’s elections, nine of them will continue to serve next year. That means future Senate Majority Leader Mitch McConnell will have the votes to overcome a filibuster of future bills on the pipeline. He won’t have the 67 votes needed to overcome a presidential veto, but Republicans have vowed to attach Keystone language to “must-pass” bills that President Barack Obama won’t want to veto.

Senators also blocked a bill that would have attempted to rein in domestic surveillance by the National Security Agency. Timothy B. Lee wrote a good backgrounder on the USA Freedom Act. The cloture vote failed by 58 to 42. Like almost all the Senate Democrats, Harkin voted for proceeding to debate the bill. Like all but four Republicans, Grassley voted to block efforts to reduce NSA spying on Americans. Members of Congress will revisit this issue next year, but I’m not optimistic any reforms will pass.

Side note: among the senators who are possible Republican presidential candidates in 2016, Ted Cruz voted for the USA Freedom Act. Rand Paul and Marco Rubio voted no. Paul opposed the bill because it did not go far enough, in his view; Rubio voted no because he thought the bill would increase the risk of terrorist attacks in this country.

Last week and this week, the Senate has moved forward on several nominees for vacant judicial spots on U.S. district courts. Harkin supported confirming all of the president’s nominees. Grassley voted against cloture on all of the nominations, but Republicans were not able to block any of them from a vote on the floor, because the 60-vote threshold no longer applies to most confirmations. (That could change when Republicans take control of the chamber in the new year.) On the confirmation votes themselves, Grassley opposed most of the judges nominated by the president, with one exception last week and another exception yesterday. Many expect judicial confirmations to stop happening when Grassley becomes chair of the Senate Judiciary Committee, but perhaps he will let a few non-controversial nominees through.

A bill reauthorizing the Child Care and Development Block Grant gained massive bipartisan support on Monday, passing by 88 votes to 1. Both Grassley and Harkin backed this bill. In a statement I’ve enclosed after the jump, Harkin explained how this bill “will expand access to and improve the quality of child care for the more than 1.5 million children and families that benefit from the federal child care subsidy program.” President Obama signed this bill today, and Representative Dave Loebsack (D, IA-02) attended the ceremony. He worked on the bill as ranking member of the House Education and Labor subcommittee that covers early childhood issues. I posted Loebsack’s statement below Harkin’s.

Any relevant comments are welcome in this thread.

Note: Over the years I’ve written dozens of posts about Grassley and Harkin splitting on Senate votes. I expect that to end for the most part in January. If Joni Ernst votes differently from Grassley even five times over the next two years, I’ll be shocked.

UPDATE: Added after the jump some of Harkin’s recent comments on the Keystone XL pipeline.

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

I have several posts in progress about the 2014 elections and looking ahead to next year’s legislative session and even the campaigns of 2016. But for today, I wanted to share some nature links.

Good news: Iowa’s pheasant numbers “have rebounded to a six-year high,” according to a roadside survey the Iowa Department of Natural Resources conducted in August.

Hunting season is in full swing. The non-profit Save our Avian Resources has compiled a good list of lead-free bullets and ammunition for hunters. Toxic bullet fragments left in gut piles are a major threat to predatory birds including eagles.

I learned via Radio Iowa that the Iowa DNR has added more content on its website about large mammals in Iowa, including black bears, gray wolf, mountain lion and even moose (rarely seen this far south). This page on the DNR’s website is a great resource for all kinds of information about animals indigenous to Iowa.

Bad news: for most of this fall, nitrogen levels in the Raccoon River have remained above the standard for drinking water. Along with the Des Moines river, the Raccoon River is a major source of drinking water for more than a half-million central Iowa residents.

Bleeding Heartland’s Iowa wildflower Wednesday series is on hiatus until the spring (you can view the archive here). Guest diaries featuring Iowa nature photography are welcome any time of the year.

I've had enough.

Gov. Branstad continues to spread misinformation about his record on water quality. The simple fact? He vetoed $20 million in funds that would have improved Iowa's natural resources and protected water quality of our rivers, lakes and streams.

With full disclosure, I'm the Director for Citizens for a Healthy Iowa. We are a non-profit (c4) organized here in Iowa and we work primarily on water quality issues – public education & issue advocacy. More about our new ad, and campaign, after the jump ….

The University of Northern Iowa ranks third and Iowa State University twelfth on Best Choice Schools’ list of “50 Great Affordable Eco-Friendly Colleges. The website evaluated more than 300 universities to find 50 that had an “estimated net price of under $25,000 a year” as well as “unique structures or lifestyle characteristics that make them leaders in sustainability.” The schools included “have all earned formal ‘green’ ratings from one major agency or another, and most have been recognized by respected groups such as the Sierra Club.” The schools were ranked from least expensive to most expensive, and UNI’s tuition of $15,232/year secured third place. Best Choice Schools commented,

University of Northern Iowa’s on-campus organization c.a.r.e. (creating a responsible environment) promotes Eco-friendliness and sustainable living through a number of on-campus initiatives. In dining services, most disposable items were eliminated and a refillable mug program introduced. A local buying program was also introduced and has successfully reduced packaging and shipping wastes while simultaneously supporting local vendors. The University itself has done its part, too. Currently, a whopping 23 campus buildings are undergoing energy-saving retrofits or renovations.

ISU’s tuition of $19,281/year was affordable enough for twelfth place on the list:

Iowa State University has proven itself willing to go above and beyond when it comes to campus sustainability. Ambitiously, it requires all new construction and major renovation projects to achieve LEED Gold certification. So far, it has succeeded, with two of its buildings achieving the even higher status of Platinum. The implementation of tray-less dining services reduced food waste by more than 50%, and the food that is wasted is composted at the University’s very own compost facility. Active student groups include a Solar Decathlon team, The GreenHouse Group, and Keep Iowa State Beautiful.

Click here for more information on sustainability initiatives at UNI and here for more information on ISU’s Live Green! efforts.

It's official. EPA and USDA have both evaluated Dow Chemical's new  line of 2,4-D-resistant seeds, Enlist — and have approved both the seeds  and the accompanying pesticide formulation for market.

This is a turning point, not just for grain production but for food  production in the U.S. and internationally. The introduction of Enlist  corn and soybeans, and the widespread adoption of this new seed line,  will have pervasive impacts on farmer livelihoods, public health and  control of our food system.

This is a decision that our regulators should not have taken lightly.  And yet, it seems they did. Both USDA and EPA set up an intentionally  narrow scope for evaluating the potential harms posed by 2,4-D resistant  crops — one that ignored the biggest problems and held up irrelevant  factors as evidence of safety.

As small farmers brace for the impact of pesticide drift that will  hit with the introduction of Enlist crops, it is time for us to look  forward. It's time to demand a regulatory system that takes a rigorous  approach to pesticides and genetically engineered crops, one that values  small farmers as much as industrial agriculture — and public health as  much as corporate profit.

Whose idea was it to hold so many Iowa candidate debates on Saturday nights this year? At 7 pm this evening, Bruce Braley and Joni Ernst face off in the second of three scheduled debates. (C-SPAN will televise nationwide, and KWQC TV will televise in the Quad Cities area.) Immediately after that, KWQC will broadcast the second and final debate between Representative Dave Loebsack and Mariannette Miller-Meeks in the second Congressional district race. (That debate will be taped earlier in the day.)

I won’t be able to watch either showdown live because of a family wedding, but I will catch up later with some links and recap, as well as highlights from the new Selzer poll for the Des Moines Register and Bloomberg.

This is an open thread: all topics welcome. A bunch of links related to the IA-Sen race are after the jump. I still see the debate as equally risky for Braley and Ernst, for different reasons.

UPDATE: The new Des Moines Register/Bloomberg poll by Selzer & Co has Braley and Ernst nearly tied. Ernst is ahead by a statistically insignificant 47 percent to 46 percent. I do not believe Ernst lost a lot of ground during the last two weeks. I believe she was never as far ahead as the last Selzer poll indicated. Other polls in the field around the same time showed a much closer race. In particular, I do not believe that in two weeks, Braley went from a 25-point deficit among men to a 16-point deficit now.

SECOND UPDATE: The full debate video is on the KWQC website.

THIRD UPDATE: I wish every undecided voter in Iowa had seen this debate. Having finally watched the full video myself, I understand why shills for Ernst kept reaching for their security blankets on Saturday night. Talk about a disastrous performance. She repeatedly fell back on rote talking points that didn’t answer the question. On several occasions it was apparent that she did not understand the policy implications of her own words. I particularly loved how she insisted that the bipartisan Senate-passed immigration reform bill was “amnesty,” even though Braley had already explained why it was different from amnesty. She talked about securing the border, even though Braley had already explained that we would have 20,000 more border control agents if that immigration reform bill had become law. Toward the end of that exchange, though, I was pleasantly surprised to hear Ernst say she would not vote to repeal President Barack Obama’s DACA program (Deferred Action for Childhood Arrivals). A lot of conservatives were presumably surprised too, but not in a pleasant way.

At the end of this post I’ve linked to several pieces summarizing the debate highlights.

Iowans are suffering from more infectious diseases and respiratory problems because of climate change, and that trend will worsen if steps are not taken to reduce greenhouse gas emissions, according to the fourth annual Iowa Climate Statement, released today in Des Moines. I’ve posted the full text of the statement after the jump. Click here for the full list of faculty and research staff who signed.

The scientists are affiliated with 38 Iowa colleges and universities and work in a wide range of fields. One of the lead authors, Dr. Yogesh Shah of Des Moines University, spoke about the relationship between climate change and infectious disease at yesterday’s annual meeting of the Iowa Environmental Council. Warmer temperatures produce greater numbers of ticks and mosquitoes, induce female mosquitoes to bite more frequently, and facilitate more rapid development of the disease-causing agents mosquitoes carry. As a result, some diseases never before seen in North America (such as chikungunya) or long since eradicated (malaria) are spreading rapidly.

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

When you don’t like a law on the books, you have a few options. You can work to change the law through the political system, such as by lobbying legislators, voting out incumbents, or running for the legislature yourself. You can challenge the law through the court system, building a case that the law was improperly enacted or violates constitutional rights. Or you can use civil disobedience to call attention to the unjust law.

A growing number of conservatives are embracing a fourth option: make it a crime to implement or enforce laws you don’t like. As Talking Points Memo first reported on Friday, State Senator Joni Ernst answered yes to the following question on the Campaign for Liberty’s 2012 questionnaire: “Will you support legislation to nullify ObamaCare and authorize state and local law enforcement to arrest federal officials attempting to implement the unconstitutional health care scheme known as ObamaCare?”

At the time Ernst filled out that survey, no one knew that Democrats would retain control of the Iowa Senate after the 2012 election. She could easily have found herself in the majority, voting for a bill to make it a crime to implement the 2010 health care reform law.

Nor was this an isolated position taken by Ernst. Today’s Sunday Des Moines Register features a front-page article by Jennifer Jacobs analyzing bills and resolutions co-sponsored by Ernst in the Iowa Senate and Representative Bruce Braley in the U.S. House. This nugget was buried in the middle:

Ernst has 12 gun-rights bills in her portfolio. They include “stand your ground” legislation that would allow Iowans to use reasonable force, including deadly force, if necessary to protect themselves or others from death or serious injury. Another bill would eliminate the requirement for a permit to carry a weapon. And another would criminalize enforcement of federal gun laws.

I knew Ernst was for just about everything on the gun activists’ wish list, but I hadn’t heard that she believes it should be a crime to enforce federal laws such as background checks. Either she doesn’t read things carefully before she signs them, or she truly believes enforcing some federal laws should become a state crime. But no worries, I’m sure she’ll have a perfectly rehearsed excuse for taking this ridiculous position in the unlikely event someone asks her about it at one of the two remaining IA-Sen debates (October 11 in the Quad Cities and October 16 in Sioux City).

UPDATE: Maybe Ernst should go back to the women’s shelter where she used to volunteer and explain to the women why their abusers should have unlimited freedom to carry guns, with no permit required.

In a few minutes Representative Bruce Braley and State Senator Joni Ernst will start their first debate at Simpson College in Indianola. You can watch the debate on KCCI-TV in the Des Moines viewing area and on C-SPAN across the country (in central Iowa that’s channel 95).

I previewed what I see as the biggest potential pitfalls for each candidate here. I’ll be liveblogging after the jump and will also update later with some reaction to the debate.

UPDATE: KCCI has posted the debate video online. I cleaned up some typos and filled in gaps in the liveblog below.

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread. I live-blogged yesterday’s gubernatorial debate, for those who missed it.

Today’s Sunday Des Moines Register includes a big feature by Jason Noble and Jeffrey C. Kummer on the $13.8 million spent so far on television commercials to influence Iowa’s U.S. Senate race. I’ve posted some excerpts after the jump.

Does anyone else think we’ve passed the point of diminishing returns on tv ads in this race? The vast majority of ads aired have been negative, and the overall quality has been poor. One of the biggest anti-Ernst spenders, NextGen Climate Action, has not produced a decent commercial yet. Most of the output has been so bad, I honestly believe Braley would be better off if NextGen had not gotten involved in this campaign at all. The Sierra Club’s spots are only marginally better. Some of the Braley campaign’s own negative ads have struck me as potentially effective, but at this point I suspect most Iowans are tuning out political ads. The volume has been overwhelming in the targeted media markets.

Pro-Republican groups, starting with fronts for the Koch brothers and now including one of Karl Rove’s outfits, keep pounding at the same two points to make Braley look bad: he insulted Senator Chuck Grassley and allegedly all Iowa farmers, and he missed a lot of House Veterans Affairs Committee meetings. But I have to wonder: once someone has heard 500 times about Braley’s alleged insult to Iowa farmers, will hearing it another ten or twenty times make any difference? Craig Robinson thinks Republicans are putting too many eggs in these baskets, and I tend to agree. The biggest accomplishment of these anti-Braley ads has been to force the Democrat to spend a lot of his money countering these charges (for instance, with tv spots on his connection to his grandparents’ farm or about what he has done for Iowa veterans). They have dictated the terms of his positive messages.

Probably the best outside ad money spent so far has been by the Chamber of Commerce. They’re running ads with Senator Chuck Grassley and Iowa Secretary of Agriculture Bill Northey endorsing Ernst. Simple, positive messages.

Iowa City ranks tenth on Livability.com’s second annual list of “100 Best Places to Live” among small to mid-sized cities in the U.S. Looking at 2,000 cities with populations between 20,000 and 350,000, researchers calculated each city’s “LivScore” using 40 data points falling under eight broad categories, explained in more detail here: amenities, demographics, economy, education, health care, housing, social and civic capital, and transportation. The website said of Iowa City,

Annual cultural events and a strong literary history with writers like John Irving and Flannery O’Connor have helped shape Iowa City, home to the University of Iowa. The college community offers a hardy arts and entertainment environment along with good health care for residents, highlighted by Mercy Hospital and the University of Iowa Hospitals & Clinics.

Iowa City has previously been recognized as Iowa’s most walkable city.

Farther down the list of “Best Places to Live,” Iowa cities mentioned were Ames at number 30, West Des Moines at number 57, Cedar Rapids at number 65, and Des Moines at number 82.

Livability.com explained the methodology underlying the list here. The website tweaked the criteria they used last year to compile the first “Best Places to Live” list:

Specifically, we wanted to add some more variables about health care; look at the role of proximity to institutions like hospitals, colleges and universities; and create a better balance between our survey questions and the topics we were measuring. We created some new variables including a measure of racial and ethnic diversity and a rather unique look at the diversity of housing stock.

Those changes allowed Iowa City to move up from number 47 last year to this year’s top ten. Iowa’s highest-ranking city on Livability.com’s inaugural list was Cedar Rapids at number 30, followed by Ames at number 32. Des Moines was ranked number 70 and West Des Moines number 77 last year.

Agriculture is and always has been a major part of Iowa’s economy, but given our abundance of world-class farmland, we could do much more to make local food available to Iowans. When the non-profit food advocacy group Strolling of the Heifers introduced its “Locavore Index” two years ago, Iowa ranked second only to Vermont in terms of local food availability. At that time, the index measured per-capita presence of Community-Supported Agricultural enterprises and farmers markets.

Last year, Strolling of the Heifers added a third component to the index: the per capita presence of “food hubs,” those “facilities that handle the aggregation, distribution and marketing of foods from a group of farms and food producers in a region.” Iowa dropped to fifth place on the Locavore Index.

For 2014, Strolling of the Heifers added a fourth component: the percentage of school districts with Farm-to-School programs, according to U.S. Department of Agriculture data. Sadly, only 31 percent of Iowa school districts have a Farm-to-School program, putting us below many states with insignificant agricultural output compared to Iowa. We should be doing better seven years after the state legislature first funded Farm-to-School efforts. While our state is still strong in farmers markets per capita, our national rank on the Locavore Index dropped to tenth.

August and September are arguably the best months to shop at Iowa farmers markets. With peak late-summer produce being harvested around the start of the academic year, it’s a shame more Iowa students don’t have access to fresh, local food. We should have more flash-freezing facilities to make it easier for larger facilities to buy local as well–not just public school districts but also nursing homes, hospitals, colleges and universities. Iowa State University Extension and Outreach “provides technical assistance to school food service staff” in six northeast Iowa counties. Here’s hoping that project will expand statewide.

After the jump I’ve posted the Strolling of the Heifers chart showing all state-level data on local food availability. I added the group’s “10 reasons to consume local foods,” covering economic, health, environmental, and taste benefits. Iowa’s Healthiest State Initiative doesn’t include a strong local food component, although it promotes healthier eating at schools. The Iowa Department of Agriculture and Land Stewardship administers a few Farm-to-School programs and has provided grants for a few dozen schools to start vegetable gardens each year.

Governor Terry Branstad and State Senator Jack Hatch are debating this afternoon at the Iowa State Fair. Iowa Public Television is live-streaming the event and will replay the debate at 7 pm tonight. Share any comments about the governor’s race in this thread. I will be updating with my thoughts after the jump.

Branstad has agreed to two other debates with Hatch, but his team are refusing to allow Lieutenant Governor Kim Reynolds to debate Hatch’s running mate, Cedar Rapids City Council member Monica Vernon. It’s a strange stance for a guy who is determined to make Reynolds the next governor.

UPDATE: My live-blog is after the jump. I will add more links and discussion later. If you missed the debate, you can watch at 7 pm on Iowa Public Television. They may also keep the video up on the IPTV website. SECOND UPDATE: The full debate transcript is now available here.

THIRD UPDATE: Mike Glover saw this debate as a sign Iowa “will actually have a governor’s race this year.” Click through to read the whole piece; I’ve posted excerpts below, after the liveblog.

Speaking to a small crowd at the Iowa State Fair yesterday, Governor Terry Branstad said he was “proud as governor to have stood up for and fought for the interests of agriculture.” You can watch the video on the Des Moines Register’s website and read highlights in O.Kay Henderson’s report for Radio Iowa or Jason Noble’s summary for the Register:

He described his defense of Beef Products Inc. and its lean finely textured beef against charges that it was unhealthy “pink slime”; his support for wind energy; his efforts to maintain the current renewable fuel standard for ethanol content in gasoline; and his opposition to California chicken cage standards that could harm Iowa egg producers.

Branstad certainly was a vocal advocate for “pink slime,” even depicting the product as some kind of superior health food. He’s eager to defend one company’s use of methods many consumers find repulsive, but I doubt the Terrace Hill chef is serving him many meals containing lean finely-textured beef.

Renewable energy advocates in Iowa would not characterize Branstad as a champion for wind. I’ve never heard of him lifting a finger to support “distributed generation” policies, which would benefit a much broader group of farmers and landowners than the large wind farms now dotting rural Iowa.

True, the governor has argued strenuously for maintaining the Renewable Fuels Standard, contradicting his usual stance against “big government regulations” and federal mandates. However, it’s debatable whether the RFS is as important to Iowa’s economy as some interest groups claim.

Branstad can pander all he wants about “the State of California with its wacky ideas,” but the lawsuit he joined on behalf of Iowa is lacking in logic and unlikely to overturn California’s egg law. It’s also ironic that a governor who claims to oppose “activist judges” is pinning his hopes on them in this case and in another lawsuit challenging a different California law.

Meanwhile, Branstad has either done nothing or actively impeded solutions on several issues that pose an enormous threat to Iowa agriculture. We’re losing world-class topsoil at an alarming rate, diminishing the future productivity of our land. Yet Branstad vetoed millions of dollars this year for Iowa watershed and land stewardship projects. Nor has he ever proposed funding the Natural Resources Trust Fund, which Iowa voters approved four years ago.

“Superweeds” resistant to the most prevalent herbicides are spreading across Iowa. Branstad has never advocated for or promoted more sustainable farming methods, which could address the weed problem more effectively than dumping more toxic chemicals on the land. Incidentally, Big Ag’s preferred approach to battling superweeds could could put a lot of Iowa vineyards and fruit growers out of business–never mind the potential risks to human health.

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

State Representative Chuck Isenhart, the ranking Democrat on the Iowa House Environmental Protection Committee, has installed solar panels on his Dubuque home as a personal step to address climate change. Details are after the jump. Solar power has a reputation for being expensive to install, but technological advances and policy changes have reduced the payback time for many home and business owners. Isenhart expects to save money in the long-term. A bill approved during this year’s legislative session improved Iowa’s tax incentives for solar in several ways.

The Register’s Annual Great Bike Ride Across Iowa, begins its northern route in Rock Valley today. Good luck to everyone in the Bleeding Heartland community planning to do all or part of RAGBRAI. Last week’s weather would have been absolutely perfect; I hope the high temperatures will mostly stay below 90 this week. In its recent feature on “33 useful tips for newbies” to the experience, I found it strange that the Register focused so much on the drinking culture. Carl Voss, a Des Moines bicycling advocate and veteran of 36 RAGBRAIs, unloaded on what he called “sophomoric drivel” in an angry letter to the editor. Excerpt:

Granted, alcohol attracts some riders and non-riders among the more than 10,000 RAGBRAI participants. It happens. But trust me, that isn’t the way most participants enjoy RAGBRAI, Iowa and our communities.

Now, flip to the RAGBRAI website, where RAGBRAI (and therefore the Register) includes among the “Top 10 Recommendations for Rider Safety“: Do NOT drink alcohol and ride. […]

Publishing crap like this in your news columns will turn me off to RAGBRAI and the Register.

Another letter to the editor, which I’ve posted after the jump, focused on the large number of puppy mills near this year’s RAGBRAI route. The Iowa legislature passed a bill in 2010 that was designed to reduce abuses at puppy mills, but unfortunately Iowa still has some bad actors in the industry. Adopting a pet from a shelter such as the Animal Rescue League has so many advantages. If your heart is set on a purebred animal, at least visit the breeder’s facility before buying a pet.

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.