IOWA CITIZENS FOR COMMUNITY IMPROVEMENT and Food & Water Watch, Appellees,
v.
STATE of Iowa; Department of Natural Resources; Bruce Trautman, In His Official Capacity as Acting Director of the Department of Natural Resources; Environmental Protection Commission; Mary Boote, Nancy Couser, Lisa Gochenour, Rebecca Guinn, Howard Hill, Harold Hommes, Ralph Lents, Bob Sinclair, and Joe Riding, In Their Official Capacities as Commissioners of the Environmental Protection Commission; Natural Resource Commission; Marcus Branstad, Richard Francisco, Laura Hommel, Tom Prickett, Phyllis Reimer, Dennis Schemmel, and Margo Underwood, In Their Official Capacities as Commissioners of the Natural Resource Commission; Department of Agricultural and Land Stewardship; and Michael Naig, In His Official Capacity as Secretary of Agriculture, Appellants.
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Tucker F. Levis and Christina L. Gruenhagen of Parker & Geadelmann, P.L.L.C., West Des Moines; and Eldon McAfee , of Brick Gentry P.C., West Des Moines, for amicus curiae Iowa Cattlemen's Association, Iowa Corn Growers Association, Iowa Farm Bureau Federation, Iowa Pork Producers Association, Iowa Poultry Association, Iowa Soybean Association, Iowa State Dairy Association, and Iowa Turkey Federation.
Paige Fiedler , of Fiedler Law Firm, Johnston; and Joel R. Waltzer and Robert B. Wiygul , of Waltzer Wiygul & Garside, New Orleans, Louisiana, for amicus curiae Gulf Organized Fisheries in Solidarity and Hope, Inc., and Mississippi Commercial Fisheries United, Inc.
Richard A. Malm and John E. Lande , of Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, for amicus curiae Board of Water Works Trustees of the City of Des Moines, Iowa.
Chad A. Swanson , of Dutton, Daniels, Hines, Kalkhoff, Cook & Swanson, P.L.C., Waterloo, and Paige M. Tomaselli , of The Law Office of Paige Tomaselli, Richmond, California, for amicus curiae Iowa Farmers Union and Farm Aid.
Neil Hamilton , Drake University Law School, Des Moines, for amicus curiae Drake Law Professors Neil Hamilton, Allan Vestal, Mark Kende, and Jerry Anderson.
Mansfield, J., delivered the opinion of the court, in which Christensen, C.J., and Waterman and McDermott, JJ., joined. Appel, J., filing a dissenting opinion. McDonald, J., filing a dissenting opinion, in which Oxley, J., joined. Oxley, J., filed a dissenting opinion, in which Appel, J., joined.
MANSFIELD, Justice.
Two social justice organizations have brought this case against the State of Iowa, four different state agencies, and a number of state officials. Relying on the public trust doctrine, under which the State is the "trustee" of the State's navigable waters, they seek to force the defendants to enact legislation that will compel...
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