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IOWA COMPREHENSIVE PETROLEUM v. SHELL OIL

No. 99-618.

606 N.W.2d 376 (2000)

IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, Appellant, v. SHELL OIL COMPANY, Appellee.

Supreme Court of Iowa.

February 16, 2000.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David R. Sheridan and David S. Steward, Assistant Attorneys General, and John R. Perkins and John C. Conger of Pingel & Templer, P.C., West Des Moines, for appellant.

Timothy J. Walker, Gary A. Norton, Frank M. Grenard and Lisa A. Nelson of Whitfield & Eddy, Des Moines, for appellee.

Considered en banc.

CADY, Justice.

In this appeal we must determine whether our legislature intended proximate causation to be an element of recovery in an action for corrective costs against an owner or operator of an underground storage tank under the Iowa Comprehensive Petroleum Underground Storage Tank Fund Act, Iowa Code chapter 455G (1997) (Tank Fund Act). We conclude proximate cause is an element of recovery and affirm the judgment of the district court.

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