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COTA v. ENVIRONMENTAL PROTECTION COM'N

No. 91-1244.

490 N.W.2d 549 (1992)

Daniel L. COTA, Appellant, v. IOWA ENVIRONMENTAL PROTECTION COMMISSION and Iowa Department of Natural Resources, Appellees.

Supreme Court of Iowa.

October 21, 1992.

Attorney(s) appearing for the Case

Carlton G. Salmons of Austin, Gaudineer, Austin, Salmons & Swanson, Des Moines, for appellant.

Bonnie J. Campbell, Atty. Gen., and David R. Sheridan, Asst. Atty. Gen., for appellees.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, SNELL, and ANDREASEN, JJ.

CARTER, Justice.

Petitioner, Daniel L. Cota, challenges the dismissal of his petition for judicial review of preliminary agency action because of his failure to exhaust administrative remedies. He sought direct judicial review of an emergency order of the Department of Natural Resources requiring him to fence a contaminated area. The appellees named in this appeal are the Iowa Department of Natural Resources (the DNR) and the Iowa Environmental Protection Commission...

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