Junker v. Iowa Department of Natural Resources

Three individuals filed a lawsuit in Iowa state court challenging a water withdrawal permit issued by the Iowa Department of Natural Resources, allegedly for carbon dioxide capture facilities at an ethanol plant. Their petition contended that there was no evidence in the record to support the agency’s conclusion that the “beneficial use” of the water was “evident.” They alleged that although the developer claimed that capturing carbon dioxide at ethanol plants would mitigate climate change, “that claim does not consider the life cycle net emissions of carbon dioxide.” The complaint cited written testimony by Dr. Mark Jacobson of Stanford University that they alleged showed that carbon capture does not mitigate climate change. The petitioners also challenged the developer’s contention that the project would keep the ethanol industry from leaving the state for other states that would have a carbon dioxide pipeline.