DMWW Lawsuit Dismissal Good News for Ag

On March 17 while most of the nation was toasting St. Patrick’s Day, agriculture was likely lifting a glass (or two) to a federal court ruling in Iowa. For a few years now, the Des Moines Water Works (DMWW) and three drainage districts in Iowa, arguing that growers in these areas were financially responsible for excess nitrates in downstream waters in the state. The districts argued that they could not redress DMWW’s claims because they had no power to regulate nitrates flowing through the drainage systems. Ultimately, the court agreed with the districts argument and dismissed the DMWW claim.

Agricultural industry champions were quick to praise the federal court’s decision in this matter. “The Fertilizer Institute [TFI] is pleased to learn of the federal court’s decision to dismiss the lawsuit,” said President Chris Jahn in a statement. “We hope this decision represents the final chapter on this issue. While this suit was directed at drainage districts, it was really a counterproductive challenge to Iowa’s farmers.”

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Moving forward, Jahn encouraged the nation’s growers to keep working on managing their potential nutrient run-off issues through such practices as the 4Rs – the right time, right amount, right place, and right rate. “In the research area, TFI is focused on bridging knowledge gaps and bringing that information to growers through its $7 million 4R Research Fund, which sponsors include an Iowa State University project on reducing nitrate loss on tiled lands,” he added.

This federal ruling will likely mean similar water lawsuits being considered by other Midwestern states such as Illinois and Ohio won’t materialize. Besides growers, some legal experts had wondered if ag retailers could have found themselves on the wrong end of the law if the DMWW suit had continued. “A ruling in DMWW’s favor would probably mean not only would all water coming from farm drainage tiles would be regulated, but any chemicals and fertilizers being used on these acres would be under regulatory supervision, too,” warned Doug Gross, Legal Counsel for the Iowa Agribusiness Association, in an early 2016 speech.

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