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IOWA FARM BUREAU v. ENVTL. PROTECTION COM'N

No. 12-0827.

850 N.W.2d 403 (2014)

IOWA FARM BUREAU FEDERATION, Iowa Renewable Fuels Association, and Iowa Water Environment Association, Appellants, and Agribusiness Association of Iowa, Association of Business and Industry, Iowa Cattlemen's Association, Iowa Institute for Cooperatives, Iowa Limestone Producers Association, Iowa Pork Producers Association, Iowa Poultry Association, Iowa Turkey Federation, and Iowa Corn Growers Association, Appellants, v. ENVIRONMENTAL PROTECTION COMMISSION and Iowa Department of Natural Resources, Appellees, and Environmental Law & Policy Center of the Midwest, Iowa Environmental Council, and the Sierra Club, Appellees.

Supreme Court of Iowa.

July 11, 2014.

Attorney(s) appearing for the Case

Michael L. Mock and Karl T. Olson of Parker, Simons & McNeill, P.L.C., West Des Moines, and Julia L. Vyskocil and Eldon L. McAfee of Beving, Swanson & Forrest, P.C., Des Moines, for appellants.

Thomas J. Miller , Attorney General, David R. Sheridan and David S. Steward , Assistant Attorneys General, for appellees Environmental Protection Commission and Iowa Department of Natural Resources.

Bradley D. Klein , Chicago, Illinois, and Joshua T. Mandelbaum , Des Moines, for intervenor-appellee Environmental Law & Policy Center, and Wallace L. Taylor , Cedar Rapids, for appellee Sierra Club.

CADY, Chief Justice.

In this appeal, we decide two issues concerning the qualifications of persons who serve state government on commissions that engage in rulemaking. First, we must decide whether an Iowan who served on a commission was disqualified to vote on the adoption of a rule and regulation when she engaged in activities in her employment in support of the rule. Second, we must decide whether a rule adopted by a commission was invalid after it was discovered...

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