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ENVIRONMENTAL LAW v. IOWA UTILITIES BOARD

No. 22-0385.

989 N.W.2d 775 (2023)

ENVIRONMENTAL LAW AND POLICY CENTER, Iowa Environmental Council, and Sierra Club, Appellants, v. IOWA UTILITIES BOARD, Appellee, and MidAmerican Energy Company, Intervenor-Appellee, and Office of Consumer Advocate, Intervenor.

Supreme Court of Iowa.

Filed April 28, 2023.

Attorney(s) appearing for the Case

Joshua T. Mandelbaum (argued), Des Moines, for appellant Environmental Law and Policy Center.

Michael R. Schmidt , Des Moines, for appellant Iowa Environmental Council.

M. Gabriel Rowberry of Sodoro, Mooney, & Lenaghan, LLC, Omaha, Nebraska, for appellant Sierra Club.

Diana S. Machir (argued), Jon Tack , Kim Snitker , and Matthew Oetker , Des Moines, for appellee Iowa Utilities Board.

Bret A. Dublinske (argued) of Fredrikson & Byron, P.A., Des Moines, for intervenor-appellee MidAmerican Energy Company.

Jennifer C. Easler , Consumer Advocate, and Jeffrey J. Cook (until withdrawal), Des Moines, for amicus curiae Office of Consumer Advocate.

McDonald, J., delivered the opinion of the court, in which all participating justices joined. May, J., took no part in the consideration or decision of this case.

Iowa Code section 476.6 (2020) governs changes in rates, charges, schedules, and regulations for rate-regulated public utilities. Subsection 19 of this provision requires "[e]ach rate-regulated public utility that is an owner of one or more electric power generating facilities fueled by coal" to "develop a multiyear plan and budget...

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