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STATE EX REL. MILLER v. DECOSTER

No. 98-294.

608 N.W.2d 785 (2000)

STATE of Iowa ex rel. Thomas J. MILLER, Attorney General of Iowa, and Iowa Department of Natural Resources, Appellees, v. Austin J. DeCOSTER d/b/a DeCoster Farms of Iowa, Appellant.

Supreme Court of Iowa.

March 22, 2000.

Attorney(s) appearing for the Case

William Sidney Smith and Michael P. Mallaney of Smith, Schneider, Stiles, Hudson, Serangeli, Mallaney & Shindler, P.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, and David R. Sheridan and Michael H. Smith, Assistant Attorneys General, for appellees.

Considered by McGIVERIN, C.J., and CARTER, NEUMAN, and CADY, JJ., and HARRIS, S.J.

NEUMAN, Justice.

This is an environmental enforcement action brought by the State of Iowa against Austin J. DeCoster d/b/a DeCoster Farms of Iowa. The action concerns two hog manure spills at DeCoster confinement facilities, one occurring in Wright County and the other in Hamilton County. Although not major in scope, the violations came on the heels of other administrative actions and legal proceedings against this large-scale livestock producer.

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