# State Government



Charles City named Iowa River Town of the Year

Iowa Rivers Revival announced today that Charles City won its 2011 “Iowa River Town of the Year” award. The non-profit organization, created to advocate for protecting Iowa rivers and streams, honored the Floyd County seat because city leaders “responded to record floods in 1999 and 2008 by embracing the Cedar River with new ideas and bold projects, such as transforming a low-head dam into Iowa’s first whitewater kayak course and installing the state’s largest permeable paving system.” A press release describing Charles City’s river projects in more detail is after the jump. UPDATE: Click here for more information about Charles City Whitewater at Riverfront Park.

Iowa Rivers Revival previously recognized Webster City (2007), Elkader (2008), Coon Rapids (2009) and Cedar Falls (2010) as River Town of the Year. Bleeding Heartland summarized those cities’ river programs here. Click here to download the full applications submitted by Charles City and the past winners.  

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Iowa Workers' Compensation Commissioner sues state over Branstad's actions

Iowa Workers’ Compensation Commissioner Chris Godfrey filed suit against the state, Governor Terry Branstad, and several other officials yesterday over attempts to remove Godfrey from office and cut his pay between December 2010 and July 2011. The lawsuit also accuses several state employees of defaming Godfrey by publicly claiming that his poor job performance motivated attempts to replace him.

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Judge orders state agency to list same-sex spouse on child's birth certificate

A Polk County District Court Judge has ordered the Iowa Department of Public Health to list a birth mother’s same-sex spouse on the child’s birth certificate without requiring the non-birthing mother to go through the adoption process.

However, the ruling does not automatically apply to all Iowa same-sex couples seeking to have both parents listed on their children’s birth certificates.

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Tip for aspiring spokespersons

When an elected official wants a certain phrase or point of view to be transmitted in a news story, a spokesperson often has to do the heavy lifting. Governor Terry Branstad’s communications director Tim Albrecht showed this week how pros get the job done while explaining an apparent contradiction in the governor’s stance on the federal health insurance reform law.

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Ethics board dismisses complaints against Brent Rastetter and Jason Glass

The Iowa Ethics and Campaign Disclosure Board on Thursday dismissed ethics complaints filed against Environmental Protection Commission member Brent Rastetter and Iowa Department of Education Director Jason Glass. Rastetter had been accused of a conflict of interest related to his factory farm construction business. The complaint against Glass focused on an all-expenses-paid trip to Brazil, which he took in September.

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Branstad appoints new economic development boards

Governor Terry Branstad promised during last year’s campaign to transform the Iowa Department of Economic Development into a public-private partnership. Yesterday he named 18 leaders of Iowa companies to two new state economic development boards.

The list of appointed board members are after the jump, along with background and the full text of Branstad’s executive order creating the Iowa Partnership for Economic Progress board.

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Branstad's team reveal education plans, but not price tag

Iowa Department of Education Director Jason Glass and Governor Terry Branstad’s senior education adviser Linda Fandel rolled out a blueprint for reforming Iowa schools yesterday. The plan didn’t include any big ideas not mentioned by Glass and Fandel a few weeks ago. It also didn’t estimate how much state government and/or school districts would need to spend to make the blueprint a reality.

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Iowa legislators' pay under scrutiny

The Des Moines Register’s editorial board called out Iowa legislators on Sunday for using schemes to inflate their wages and pensions while minimizing taxes. The editors also pointed out that lawmakers are not held accountable for how they spend money intended to reimburse job-related expenses.

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Dandekar will easily be confirmed to Iowa Utilities Board

At the Moving Planet climate change event in Des Moines on Saturday, I heard a few activists talk about organizing against former State Senator Swati Dandekar’s confirmation to the Iowa Utilities Board. The Iowa Senate will consider her nomination during the 2012 legislative session.

I would advise environmentalists not to waste their time on that particular hopeless cause. Senate Democrats may be unhappy that Governor Terry Branstad jeopardized their control of the chamber by nominating Dandekar, but they are not going to block her confirmation.

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Swati Dandekar resigning, forcing Iowa Senate district 18 special election

Democratic State Senator Swati Dandekar is stepping down from the legislature in order to accept an appointment to the Iowa Utilities Board, the Des Moines Register reported today. Her resignation forces a special election this fall in Iowa Senate district 18, which covers suburban and rural areas in Linn County.

Democrats currently hold a 26-24 Iowa Senate majority, so a Republican victory in the special election would deadlock the upper chamber for the 2012 legislative session. Follow me after the jump for a district map and first take on the race to replace Dandekar.

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Iowa DOT to study Chicago to Omaha passenger rail

Iowa Department of Transportation officials have asked the Federal Railroad Administration to separate the $230 million federal grant intended to support passenger rail service from Chicago to Iowa City. Separating the funds would allow the Illinois Department of Transportation to move ahead with the Chicago to Moline (Quad Cities) portion of the rail line. Meanwhile, the Iowa DOT will study a potential passenger rail link all the way to Omaha, Nebraska.

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EPA tells Iowa DNR to act on small particulates

The U.S. Environmental Protection Agency is demanding that the Iowa Department of Natural Resources take steps to reduce fine particulate matter statewide and especially in the Muscatine area, which has long had some of Iowa’s worst air quality.

Particulates contribute to premature deaths and serious heart and lung diseases, not to mention acid rain and other environmental problems. So it’s disappointing to see state officials react to the EPA message with more concern about the polluters than the public’s health.  

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Branstad to seek new teacher pay system for Iowa (updated)

New Iowa teachers would no longer receive automatic raises based on years of experience or post-graduate degrees under an education reform proposal to be revealed in the coming weeks. Iowa Department of Education Director Jason Glass and Governor Terry Branstad’s special adviser on education, Linda Fandel, shared the outlines of the proposed changes with journalists yesterday.

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Branstad upbraids DNR commission on lead shot ban

Governor Terry Branstad said Monday that a controversy over requiring non-toxic shot for hunting mourning doves in Iowa “should have been handled better” by the Iowa Department of Natural Resources’ Natural Resource Commission. He also denied that he had expressed support for a lead shot ban in a telephone conversation with one of the commissioners.

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Legislative panel delays lead ammo ban for dove hunting

The Iowa legislature’s Administrative Rules Review Committee lived up to its unofficial nickname today: “Where good rules go to die.” Nine of the ten lawmakers on the panel voted to delay a proposed ban on lead shot for dove hunting until after next year’s legislative session. It’s a safe bet that before then, legislators will pass a bill allowing hunters to use any kind of ammunition to kill doves.

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IDPH won't eliminate top job on smoking prevention

Iowa Department of Public Health Director Mariannette Miller-Meeks on Friday reversed plans to eliminate the top administrator’s position at the Division of Tobacco Use Prevention and Control. Her comments came several hours after Democratic State Senator Jack Hatch predicted “legal action” to challenge the way IDPH downsized its smoking prevention programs.

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Branstad to leave preschool program alone for now

Governor Terry Branstad won’t push for major changes in the state’s universal voluntary preschool program for four-year-olds during the next two years, according to Iowa Department of Education Director Jason Glass. While taping Iowa Public Television’s “Iowa Press” program on July 28, Glass said the governor had decided “to move past this debate” on whether preschool should be universal or targeted to needy families. Branstad’s communications director Tim Albrecht confirmed to Mike Wiser the same day,

“Now that preschool funding is in place, Gov. Branstad does not believe a preschool funding debate should overshadow a meaningful debate on how to again make Iowa’s schools the best in the country,” Albrecht wrote in a follow-up email. “Now that Gov. Branstad has allocated funding for preschool over the next two years, he does not desire this settled issue to get in the way of our education reform goals.”

That is the smartest thing Branstad has done all week.  

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Branstad vetoes tax break for 225,000 Iowa households

Governor Terry Branstad has nixed Iowa Democrats’ top tax policy priority for the second time this year. The governor signed the broad budget “standings” bill yesterday, but used his item veto power to eliminate several provisions, including an expansion in the earned income tax credit for working people. The governor’s veto message said,

“This change is estimated to reduce revenue to the state general fund by $28.5 million for fiscal years 2012-2013,” Branstad said. “It is my desire to approach tax policy in a comprehensive and holistic manner. As such, I urge members of the House and Senate to continue to work with my office on an overall tax reduction package that both fits within or sound budgeting principles while reducing those taxes that are impeding our state’s ability to compete for new business and jobs.”

Branstad vetoed the same tax credit expansion in a compromise bill the legislature approved in April. At that time, he also cited his “desire to approach tax policy in a comprehensive and holistic manner.”

Spending $28.5 million over two years would have helped at least 225,000 Iowa households, more by some calculations. The earned income tax credit goes entirely to lower-income and middle-income families earning less than $48,000 per year.

In a press call this morning, AFSCME Council 61 president Danny Homan described Branstad’s action as “mean-spirited,” and I would agree. In this economy, why would you block a little extra help to working households? Iowa Senate Ways and Means Committee Chair Joe Bolkcom noted in a statement, “Studies show that the Earned Income Tax Credit is the most effective antipoverty program for working families. Plus the money is spent at our small and Main Street businesses, helping to further spur our local economy.”

Branstad’s veto doesn’t look like smart politics either. During the 2012 legislative session, he wants to pass a major education reform package, comprehensive property tax reform and corporate income tax cuts. Yet he’s tanked the top Democratic tax priority twice. He is forging ahead with closing Iowa Workforce Development offices, even though saving those offices was high on the Democrats’ list throughout the 2011 session. Democrats have only a narrow Iowa Senate majority, but that majority held together for the last six months. I don’t understand why Branstad thinks he’ll be able to get any of his priorities through the upper chamber next year.

The Iowa Fiscal Partnership published a short piece on why expanding the earned income tax credit is good policy. I’ve posted that piece after the jump, along with the full text of Bolkcom’s statement on the Branstad veto and a comment from U.S. Representative Bruce Braley (IA-01).

Iowans for Tax Relief, an advocacy group that claims to be “the taxpayers’ watchdog,” was missing in action today. The organization endorsed Branstad in the 2010 gubernatorial primary as well as the general election. Iowans for Tax Relief criticized Branstad’s veto of the earned income tax credit expansion in April. Since then, the organization has had substantial turnover on its staff and board of directors. Still, you’d think they would notice the governor blocking a tax break for hundreds of thousands of Iowans.

Also from the standings bill, Branstad item vetoed a ban on bonus pay for state employees. His communications director says the bonuses are needed to attract and retain “exceptional employees,” but it looks bad for Branstad to insist on bonuses for his favorites while vetoing help for woking families. O.Kay Henderson noted at Radio Iowa that Republican lawmakers criticized Democratic Governors Tom Vilsack and Chet Culver for awarding bonuses to some state employees. Speaking on behalf of AFSCME, Homan slammed Branstad for “running around the state telling the citizens how the state’s going broke because they’re giving the union employees a two percent raise and a one percent raise and now he’s going to allow for bonuses for his department heads.”

If Republican legislative leaders comment on Branstad’s vetoes, I will add their statements to this post. So far, it’s been radio silence from the Iowa House and Senate GOP leadership.

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Branstad clears path for Iowa Workforce Development office closings

Iowa Workforce Development officials can move ahead with closing 37 36 of the agency’s 55 field offices around Iowa, thanks to a line-item veto by Governor Terry Branstad. State lawmakers included language in the economic development appropriations bill to require Iowa Workforce Development to maintain its current number of field offices through the 2012 fiscal year. However, Branstad rejected that provision yesterday:

“This item would prohibit Iowa Workforce Development from putting forth an enhanced delivery system that broadens access to Iowans across the state in fiscal year 2012,” Branstad said. “In order to develop a sustainable delivery system in light of continually fluctuating federal funding, the department must put forth a system that embraces the use of technology while providing enhanced benefits through maximum efficiencies.”

Branstad said Iowa Workforce Development has more than 190 “virtual access point workstations” in over 60 new locations throughout the state to increase access to these critica services. He says Iowans are already using the expanded hours of operation, six days a week.

“At my direction, IWD will have hundreds of additional virtual access points by the end of fiscal year 2012,” he said.

I doubt many unemployed Iowans would consider a computer terminal “enhanced” access, compared to an office staffed by a real person explaining the available services.

Controversy over shutting down these offices nearly derailed the Iowa Senate confirmation of Teresa Wahlert. Opposition from lawmakers of both parties didn’t persuade her, although two of the 39 field offices originally targeted will be spared. Iowa Workforce Development started closing some of its field offices even before legislators had adopted a final budget. In early July, the agency laid off 13 employees as part of the planned reorganization. Iowa Workforce Development Communications Coordinator Katie Hommer communications director was unable to tell me today when the agency will finish shutting down the offices slated for closure. She said staff are still going through the signed budget, which they only just received.

Hommer also did not know whether enough funds were provided for the agency to keep open its New Iowan Centers, which offer specialized services for recent immigrants. Those centers are currently located in Muscatine, Ottumwa, Marshalltown, Mt. Pleasant, Iowa City, Des Moines, Sioux City, Storm Lake, Council Bluffs, Mason City and Denison.

On a related note, Branstad’s love for streamlining government doesn’t extend to the U.S. Postal Service, which may close as many as 178 Iowa post offices. The downsizing is part of a plan to eliminate 3,700 of nearly 32,000 post offices nationwide. Branstad has repeatedly criticized plans to eliminate rural Iowa post offices, and yesterday he told Radio Iowa that the postal service is not using “common sense.” He wants the independent federal agency to explore alternatives to closing offices that small-town residents rely on.

Conservatives talk a good game about running government like a business, but a private business with declining revenues could never afford to operate retail outlets in as many locations as the U.S. Postal Service. The independent agency gets almost all of its revenues from postal fees (not federal budget allocations). As Americans send fewer paper letters and documents, postal service revenues have declined.

Branstad and his wife own 12 Iowa buildings that are leased to the U.S. Postal Service. So far only one of those, in Lohrville, is on the list of post offices to be closed.

UPDATE: Iowa House and Senate Democrats will reach out to Republicans to convene a special legislative session “with the sole purpose of overriding Governor Branstad’s line-item vetoes of legislation prohibiting the closure of the [Iowa Workforce Development] offices.” Details are in a press release I’ve posted after the jump. That document lists all the towns that would lose Iowa Workforce Development offices, as well as the county unemployment rate in each area.

SECOND UPDATE: Sounds like Republicans are not game for a special session to deal with this narrow issue. I’ve added Iowa Senate Minority Leader Paul McKinley’s statement below.

THIRD UPDATE: Only 36 field offices will be closed, because federal funding came through to keep the Webster City office open. The closure of the Electrolux factory has been a particular hardship for Iowans in the local area. After the jump I’ve posted an Iowa Workforce Development press release, which lists all the cities and towns that will have the “regional integrated one-stop offices,” as well as all the localities that will lose their field offices.

Meanwhile, Iowa House and Senate Democrats formally called for a special session on July 29. Republicans are not interested. Expect these office closures to become a campaign issue in a bunch of statehouse races next year. The Golden Dome Blog found a video of Lieutenant Governor Kim Reynolds praising a “phenomenal” and “user friendly” workforce development office during last year’s gubernatorial campaign.

Democratic State Representative Dave Jacoby serves on the Iowa Workforce Development Board and is angry that board didn’t get to weigh in on whether these field offices should be closed.

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More understanding, less mystery: milkers get it

Iowa may soon have as many milking coaches as lactation consultants.   After a lapse of about four decades, human breastfeeding has secured its place once again in our culture as the premiere way to nourish an infant.  In a parallel narrative, fresh wholesome milk from cows, sheep, and goats is regaining its reputation as a premiere health food.   To boost that growing reputation, milking coaches are pulling up another milking stool to help people learn more about the realities of milk fresh from the udder.  
 
“We've only used manmade milk (formula and pasteurized milk) for around 60 to 70 years but we've used breast milk and raw milk for 6000 years.   If it wasn't for breast milk and raw milk, we wouldn't be here!” says Brad Hopp, a milking coach near Lawton in northwestern Iowa .   “Learning more about milking helps people understand it better, and I'm all for that.”
 
Although mothers' milk retains some of its mystery in the face of scientific inquiry, mothers these days know how precious it is to their babies' health and growth.   A little mystery in the food supply passes when it's balanced by strong instincts and a solid record of success.   But mystery can feel uncomfortable when it strays too far from knowledge and experience.
 
“The idea of raw milk feels exotic and mysterious to many people in Iowa ,” says Christy Ann Welty, homeschooling mother of two who helps milking coaches and new milkers find each other.   “More understanding and less fear will help everyone as they make decisions about the best ways to feed their families.”  
 
More understanding and less mystery: that's the meaning of “Milkers get it.”
 
A second meaning of the phrase relates to Iowa state law.  
 
Drinking wholesome, fresh milk — fresh from a healthy, grass-fed cow, sheep, or goat without processing through a pasteurization vat — has been illegal since 1968 for most people living in Iowa .   The privilege of choosing whether to drink milk fresh or pasteurized is reserved to the few who control livestock, land, and have mastered the skill of milking; everyone else is restricted to only Grade A pasteurized milk, except for those who are willing to operate in the gray areas of the law.   “Giving away milk is not covered by our rules,” says Dustin VandeHoef, communications director for the Iowa Department of Agriculture and Land Stewardship (IDALS), “but all sales are illegal.”
 
Passages from Chapter 192 of the Iowa Code (state law) say, “Only grade 'A' pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments;” and later, “No person shall within the state produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded;”  
 
VandeHoef says, “We interpret the words 'adulterated' and 'misbranded' to include raw milk, and this is also the FDA [Food and Drug Administration] interpretation which is adopted into the Code.”
 
The IDALS interprets “sales” to mean “exchanges of value.”   During a phone call to his office, VanderHoef was reluctant to specify which circumstances would be considered prosecutable and which would be outside IDALS's rules.  
 
A broad interpretation of the meaning of “sales” puts giving away raw milk, and even drinking raw milk from one's own animal, into the gray area between legal and illegal: renting a stall in a farmer's barn to shelter your cow if you do not have a barn; bringing a sandwich to the person milking your goat for you; bringing a bottle of wine to a dinner party where the hostess serves raw milk.   Membership in a private kitchen club could be interpreted as a “sale” if one of the members gives away samples of raw milk.  
 
To steer clear of potential gray market entanglement, all milking lessons from “milkers get it” coaches are free, and no donations are accepted.   “We're not trying to get around the law,” says Welty.   “Our purpose is to pass along a valuable skill to people who want to be self-sufficient or live a sustainable lifestyle or simply exercise choice about the food they eat.”

In order to exercise the simple choice of “Fresh or Pasteurized” without engaging black markets or gray markets, a person has to learn how to milk and has to control livestock plus enough land to support it.   One mission of “Milkers get it” is to help people overcome barriers that state law and bureaucracy have erected.   Another mission is to assist efforts to change the state law.
 
Challenging the statute with a court case is lengthy and expensive.   One current lawsuit disputes one circumstance in the gray area of the law: Freitag v Secretary of Agriculture was filed in January 2010 and litigation continues in Linn County 's district court.   Representing two milkers who boarded their cow with a Linn County farmer, the Farmer-to-Consumer Legal Defense Fund “is acting in the capacity of a public interest law firm to protect the fundamental rights of the public at large ….”
 
Changing the statute directly with new legislation is another option.   Small-scale dairy farmers, health food customers, legislators, and many others worked together during Iowa 's 2011 legislative session to lift restrictions against consumers buying raw milk directly from farmers.   “We made progress,” says Francis Thicke, organic dairy operator and former candidate for Iowa Secretary of Agriculture, “but not enough to pass it this year.   We'll try again next year.”
 
Meanwhile, you can pull up a three-legged stool and try a free milking lesson for yourself, and encourage your state legislators to get some hands-on experience, too.   Accurate information and authentic experience are often the best tools for changing engrained habits of mind and for updating rules and procedures.   Milking coaches are ready to introduce all comers to the wholesome experience of squirting fresh milk from the udder of a healthy animal into a warm, foamy pail of milk.   When you feel the rush from a satisfying squeeze, you'll understand.   Milkers get it.

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Friend of big ag gets number two Iowa DNR job

Environmental advocates were relieved when the Iowa legislature adjourned without passing any bill to move Iowa’s water quality and monitoring programs from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship. However, Plan B to accomplish the same goal without legislative action took another step forward yesterday, when Chuck Gipp was named deputy director of the Iowa Department of Natural Resources.

Governor Terry Branstad’s administration advocated moving water programs to IDALS earlier this year, around the same time he stacked the Environmental Protection Commission with friends of agribusiness. Critics pointed out that the DNR had been praised for its efficient use of federal water quality funding. Moreover, it is illogical to move Clean Water Act compliance from a department that exists to “conserve and enhance our natural resources” to a department that exists “to encourage, promote, market, and advance the interests of agriculture.” Iowa House Republicans (assisted by some Democrats) approved a bill transferring some water programs to the agriculture department, but the proposal never cleared the Iowa Senate.

In May, Branstad’s DNR director Roger Lande announced major staff cuts, including three full-time and three contract positions solely focused on water monitoring. (Lande didn’t cut full-time employees from any DNR division besides the Geological and Water Survey Bureau.) At that time, DNR stream monitoring coordinator Mary Skopec warned, “This is definitely going to impact our ability to do data management and lake monitoring.” The cuts serve the interests of industrial agriculture, because collecting fewer samples from lakes and streams makes it less likely that any polluted waterway will be labeled “impaired.”

Gipp’s appointment looks like part of the same strategy to give agribusiness more control over how, when and where the DNR monitors Iowa waters. The deputy director handles a lot of day-to-day management for the large department. Gipp is a longtime dairy farmer and member of the Iowa Farm Bureau. He served in the Iowa House for 18 years, rising to the position of majority leader under Republican Speaker Chris Rants. He chose not to seek re-election in 2008, and Republican Secretary of Agriculture Bill Northey named him to head the IDALS Division of Soil Conservation. The Cedar Rapids Gazette reported,

Gipp, a lifelong dairy farmer who is respected in both production agriculture and environmental circles, said he hopes to foster understanding and cooperation between the two often-opposed groups.

“Both are important to Iowans, and we need to bring both sides together and strike a sustainable balance,” Gipp, 63, of Decorah, said.

It’s news to me that Gipp is respected in environmental circles. I can’t recall any instance of him using his authority as Iowa House majority leader to promote environmental protection. By all accounts Gipp did an adequate job overseeing soil conservation programs used by some farmers, but relying solely on voluntary measures (the Iowa Farm Bureau-approved method) hasn’t solved our water quality problems.

I recognize that Iowa state government will balance the DNR’s needs with those of the agriculture department, but that’s not what appears to be happening here. Having failed to move water programs to IDALS, the Branstad administration is giving IDALS substantial influence over DNR internal policies and practices. In a July 26 press release, Lande praised Gipp as “someone who is not only very dedicated and knowledgeable about conservation of our natural resources but also a very talented individual in working with our stakeholders and Legislature.” I hope Gipp proves me wrong, but I’m not encouraged to see him hired less than a week after the DNR’s top environmental regulator was pushed out the door.

UPDATE: Iowa Citizens for Community Improvement highlighted Gipp’s legislative votes against any meaningful regulation of factory farm pollution. Details are after the jump.

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Branstad pushed out top DNR environmental regulator

Governor Terry Branstad forced out a senior official in the Iowa Department of Natural Resources this week. The DNR on Monday announced Wayne Gieselman’s resignation as administrator of the department’s Environmental Protection Division. In that press release, which I’ve posted below, DNR Director Roger Lande thanked Gieselman “for his many years of dedicated service,” without indicating whether the resignation was voluntary. Perry Beeman reports in today’s Des Moines Register that Gieselman was told to pack his bags.

More details are after the jump.

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