Description: Petitions seeking state action to reduce greenhouse gas emissions pursuant to the public trust doctrine.
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Filippone v. Iowa Department of Natural Resources
Case Documents:
Filing Date Type File Action Taken Summary 03/13/2013 Opinion Download Opinion issued affirming denial of rulemaking petition. After an Iowa district court affirmed the denial of the rulemaking petition, Filippone again appealed. The Iowa Court of Appeals upheld the denial. The Court of Appeals declined to expand Iowa’s public trust doctrine to include the atmosphere, noting that the doctrine has a “narrow scope.” The appellate court also held that the Iowa Department of Natural Resources had given fair consideration to the petition and that denial of the petition was not unreasonable, arbitrary, capricious or an abuse of discretion, and that Filippone had failed to preserve error on her Inalienable Rights Clause claim. One judge issued a concurring opinion stating that he felt that there was a “sound public policy basis” for extending the public trust doctrine to air but that the court was constrained by Iowa Supreme Court precedent limiting the doctrine’s scope. Filippone sought review in the Iowa Supreme Court, but on May 9, 2013 the Supreme Court denied review. -
Filippone v. Iowa Department of Natural Resources
Case Documents:
Filing Date Type File Action Taken Summary 01/30/2012 Order Order issued affirming denial of rulemaking petition. 07/21/2011 Petition for Review Download Petition for judicial review filed. -
Iowa Petition for Rulemaking by Kids vs Global Warming
Case Documents:
Filing Date Type File Action Taken Summary 06/22/2011 Order Download Petition for rulemaking denied. The Iowa Department of Natural Resources denied the petition, stating that it had already adopted state regulations regarding a greenhouse gas inventory of statewide emissions and also citing existing and impending federal regulation of greenhouse gas emissions from certain sources in the state. 06/22/2011 Petition for Rulemaking Download Petition filed. In 2011, an environmental group, Our Children’s Trust, filed administrative petitions in several states, including Iowa, requesting that the environmental agencies in these states adopt rules to reduce statewide greenhouse gas emissions from fossil fuels pursuant to the Public Trust Doctrine. The petitions were part of a nationwide campaign by Our Children’s Trust and iMatter, groups that seek to combat climate change on behalf of future generations. Glori Dei Filippone was added as a petitioner.