Protecting the Environment

• Summit CO2 Pipeline Hearing Schedule Changes

• Pipeline Update

• Executive Order Repealing all State Rules

Water Quality

• Update on Water Sensors

• Supreme Beef: What's Next

Plus

• Join us for interesting and informative Lunch and Learns

• Contribute to the Iowa Chapter

• Volunteer for the Iowa Chapter

• Calendar of events

• To see the archive of previous Iowa Chapter newsletters

• To see the White Pine Needle newsletter

 Supreme Beef: What's Next

In late April, the Sierra Club won its court case against Supreme Beef.  The next steps are up to the Department of Natural Resources (DNR).  And Sierra Club will be there every step of the way watching to ensure that the Bloody Run Creek trout stream is protected.

Supreme Beef is an 11,600 beef cattle confinement built in the headwaters of a treasured trout stream called Bloody Run Creek.  After the Department of Natural Resources agreed to a deeply flawed plan that allowed Supreme Beef to spread too much manure near the trout stream, Sierra Club sued the DNR and Supreme Beef in Polk County Court.  The judge agreed with the Sierra Club and now Supreme Beef must create a new plan.

Already DNR told Supreme Beef that they cannot empty any manure storage structures until they have a new approved plan for managing their manure.  In response to the difficulties Supreme Beef is having in managing the manure, Supreme Beef came up with a scheme they hoped would allow them to get around DNR rules.  The cattle are housed in buildings, with the manure flushed into a pit under the building.  The scheme involved squeezing the water out of the water-logged manure in the pit in an attempt to dry it out which they hoped would then allow them to fall within the dry manure rules established by the Iowa Department of Agriculture and Land Stewardship.  Those rules would have allowed Supreme Beef to sell the so-called dry manure without the manure application plans required by the DNR.  However, the DNR said there was no way that Supreme Beef could manipulate the manure by squeezing out the water and then sell the product as dry manure.   Think of dry manure as what was spread on crop fields with an old-fashioned manure spreader.

All this means is that the clock is ticking.  Supreme Beef is still housing cattle in the confinement buildings, the cattle are still producing manure, and the manure pits will need to be emptied after the crops are harvested.  The Sierra Club will continue to monitor Supreme Beef and how it responds.

This requires Sierra Club’s vigilance every step of the way.  Our work on Supreme Beef is a continuation of Sierra Club’s long history of advocating for clean water.

Making matters even more complicated is that the DNR is in the middle of creating new rules for livestock operations.  Earlier this year the governor issued an executive order that requires all rules to be repealed, along with a requirement that any replacement rule must go through an exhaustive cost-benefit analysis in order to be replaced and that the regulatory burden on businesses and industries must be reduced.

If all of this sounds complex and complicated, it is.  That is why we are relying on legal and scientific experts who can help us.  It also means that we must continue monitoring the DNR and how it proceeds.  We know that there will be at least one more public hearing on Supreme Beef’s manure application plan.  After that, it is anyone’s guess.  And we know that the executive order will require public hearings. 

 Update on Water Sensors

The 2023 Iowa legislature removed $500,000 of funding for the network of 66 water sensors that tested for nitrate pollution in Iowa's rivers and streams.

Iowa State University has agreed to provide $295,000 to fund the sensors for the upcoming fiscal year.  That amount will be reduced to $250,000 for the following fiscal year.

In the meantime, each and every one of us need to demand that the legislators restore funding for the network of sensors that track nutrient pollution in Iowa’s water bodies.  More importantly, we need to expand the sensor network.  Then we need to get serious about reducing the pollution.

Sources

Erin Jordan, "ISU will continue to help fund water sensors", Cedar Rapids Gazette, May 27, 2023

"Sensor network saved for now", Cedar Rapids Gazette, June 2, 2023

Summit CO2 Pipeline Hearing Schedule Changes

Recently the Iowa Utilities Board (IUB) revised their schedule for reviewing the Summit carbon dioxide pipeline application.  Their expedited schedule now has the landowner hearings beginning on August 22, instead of the previous plan for October.  Following testimony on the easements, the Board will consider the testimony related to economic, environmental, agricultural mitigation, and construction process. 

The expedited schedule offers no time for public comment.  At the same time, the schedule does not change when intervenors must apply to the Utilities Board to allow them to participate in the proceedings.  It also does not change when the intervenor’s direct testimony must be filed.  Sierra Club has already been accepted as an intervenor and has been working on the testimony that will be filed. 

Furthermore, the fast-tracked schedule no longer offers cross-rebuttal by the intervenors who would be given a chance to rebut testimony of other intervening parties. 

The discovery deadline has been moved up by 6 weeks.  Discovery allows the various parties to determine what the issues are by making queries of the parties, through depositions, requests for documents, and requests for answers to questions.

It appears that there are over 1,000 parcels of land that have not been signed over as voluntary easements.  Each parcel will be considered individually by the Iowa Utilities Board.

The Sierra Club has a number of concerns with this revised schedule.  Currently the Sierra Club filed a request for the IUB to deal with a dispute over discovery, whereby Summit is refusing to provide information.  That request has been languishing for over a month, all the while the clock is ticking.  During the final stages of discovery, there are expected to be even more disputes that must be dealt with.  Yet, the schedule has become so tight that those disputes might not be resolved in a timely manner before the formal IUB hearing begins.

The Sierra Club is concerned with the lack of cross-rebuttal.  It is very unfair to allow the intervenors supporting the pipeline to offer testimony that could not be challenged.

There are two new members on the IUB, including the chair.  It is obvious from the new scheduling order that these new members were appointed by the governor to fast-track the Summit decision.  It is also obvious that the new members are unaware about past processes, the detailed work that goes into the decision-making process, and the work that is required by the attorneys in developing their case to be presented.

In spite of the IUB’s efforts to stifle public participation, the Sierra Club will continue fighting for the opportunity to offer public comment on the Summit pipeline.

Pipeline Update

This week Sierra Club Iowa Chapter took our message to Washington DC to ask our Congressional Leaders to remove carbon pipelines from the 45Q and 45Z Federal Tax Credits.  We met with staff from Representative's Feenstra and Miller-Meeks offices, Senators Grassley and Ernst offices, Pipeline and Hazardous Materials Safety Administration (PHMSA) and had a White House meeting. Representatives Nunn and Hinson never responded to our meeting requests. 

Overall, it appears our US Senators and Representatives are trying to pass the buck by saying this is a State issue - not a Federal issue.  We know that's not true because the pipeline companies themselves have said their projects wouldn't be viable without the 45Q and 45Z Federal Tax Credits.  And pipeline safety is regulated at the Federal level.

Our elected leaders are out of touch with Iowans and don’t understand that this is our top issue for the next election cycle.  We need Congressional leaders that will represent us - not the pipeline companies.

After I met with our Congressional leaders, landowners followed up with phone calls to their DC offices to make sure our message is clear.  You can help too by calling their DC offices (numbers below) and tell them: No public money for the Summit, Navigator and Wolf carbon pipelines!

The meeting with PHMSA was great.  We have their ears.  I sent them background materials ahead of time and made sure they understand what we've gone through for the past 2 years. 

Lastly, the meeting at the White House was all about how the Biden/Harris policies impact Iowa. The meeting was with 40 other Iowans including legislators, supervisors, community leaders and more.  I used that opportunity to share information on the carbon pipelines and how our Federal Tax Credits need to be used wisely and not abused by PRIVATE companies that want to steal PRIVATE land for PRIVATE profits in the name of solving climate change.

Overall, I think we made the message clear but there is still a lot of work to do to make our elected leaders work for us and if not - we will take this issue to the voter box and vote them out.  Watch our Lunch & Learn to hear more details about each meeting.

Take Action:

1.  Call our Congressional Leaders and tell them "No Public Money for Carbon Pipelines".

• Representative Feenstra - 202-225-4426
• Representative Miller-Meeks - 202-225-6576
• Senator Grassley - 202-224-3744
• Senator Ernst - 202-224-3254
• Representative Hinson - 202-225-2911
• Representative Nunn - 202-225-5476

2.  Submit an objection to the carbon pipelines with the Iowa Utilities Board here.

Executive Order Repealing all State Rules

In January Governor Reynolds issued Executive Order 10 that dictated to state agencies that they must rescind all of their administrative rules and regulations and issue new regulations that use fewer words and are less burdensome on business than current rules.  The “Red Tape Review Rule Report” dictated by Executive Order 10 lists the scoring metrics as “Total number of rules repealed,” Proposed word count reduction after repeal and/or re-promulgation,” and “Proposed number of restrictive terms eliminated after repeal and/or re-promulgation.”  Restrictive terms include the words must, shall, required, and prohibited.

We have been watching the changes to the rules that the Iowa Department of Natural Resources (IDNR) has been working on.

The IDNR Air Quality Bureau shared with stakeholders its proposed revision of its rules.  There are a few rules that have expired and are being eliminated.  However, the bottom line is that some of the rules will be combined to reduce the number of rules, and some will be reworded or simply refer to state statutes or federal statutes or rules by reference.  But the substance will not change.  So, it is simply playing a word game. 

Some of the rules will become more difficult to read and interpret, since additional materials must be accessed in order to follow the rule – federal law, federal rules, state laws, and materials stored on the IDNR website.

For example, IDNR is proposing to completely rescind Chapter 9 of the IDNR regulations which established requirements for delegation of sewer and water main projects to local governments.  IDNR claims that the language of Chapter 9 “mirrors” Section 455B.183 of the Iowa Code. But it doesn’t.  Section 455B.183 sets out the general parameters of the delegation of authority to local governments, but Chapter 9 tells local governments how to apply for that delegation.  That is exactly what an administrative regulation is supposed to do.  But IDNR was able to report that rescinding Chapter 9 repealed 7 rules, eliminated 1,233 words, and eliminated 21 restrictive terms.  Again, it’s a word game.

This is a very costly exercise involving taxpayer money for very little benefit. 

Lunch and Learns

Every Friday at noon, we do a Lunch and Learn livestream.  See us on Facebook at "Sierra Club Iowa Chapter".  These will be recorded so you can watch them anytime.  Topics will be selected based on what is happening during the week and will be announced the day before the livestream.  During the legislative session, we cover issues coming before the Iowa legislature.

In case you missed our past webinars and lunch and learn sessions, you can still see them.  

• See "DC Visit", June 16, 2023

• See "EPA’s New Rules: Emissions for Power Plants", June 9, 2023

• Watch , "Incredible Turnout to PHMSA Meeting", June 2, 2023

Volunteer for the Iowa Chapter

Almost everything we do is done by volunteers like you.  If you would like to volunteer for the Iowa Chapter, please let us know by sending an E-mail to Iowa.chapter@sierraclub.org.  Or sign up by using the online form.  There are many opportunities for you to make a difference:

• making phone calls

• developing graphics for banners and flyers

• working on legislative issues

• working on elections

• fundraising

• organizing events

• joining an issue committee 

If you would like to join our legislative action team, sign up here.  Keep on top of what is happening at the Iowa legislature.  Be alerted when you should contact your legislators about pending legislation.

Sierra Club - working every day on Iowa’s environmental problems

Sierra Club is Iowa’s oldest and largest grassroots environmental organization.  Not only that, we are the best bet in the state for achieving bold solutions to Iowa’s environmental problems.

We work in the courts, before Iowa’s public agencies, and in the halls of the legislature.  The Iowa Chapter's effort to protect the environment takes financial support.  The Chapter receives very little financial support from the national Sierra Club.  Can we count on you for a donation to ensure even more victories?  Your contribution will be put to work here in Iowa on issues that affect every day Iowans – water quality, clean air, protection of Iowa's soil, parks and natural areas, and a strong democracy.  The Iowa Chapter is relentless in fighting back bad legislation that affects every one of us. 

Your non-deductible contributions make it possible for us to fight bad legislation and to promote good legislation.  We appreciate your past and on-going support of these efforts.  You can make a non-deductible donation with a credit card.   A non-deductible donation supports the Chapter's effective, citizen-based advocacy and lobbying programs.  If you prefer, a non-deductible check can be written to the Sierra Club Iowa Chapter and mailed to:

Treasurer
Sierra Club, Iowa Chapter
PO Box 1058
Marion, IA 52302

You can also make a tax-deductible donation with a credit card.  Tax-deductible activities are limited to public interest education, research and legal actions.  A deductible check can be written to the Sierra Club Foundation with “Iowa Chapter” written in the memo line.

Thank you for your support.

Donate your used vehicle

As the Sierra Club Foundation's Iowa Chapter continues to raise charitable funds to support its work in Iowa, won’t you consider participating in our vehicle donation program?  Our partners over at CARS have made the process of donating your unused or unneeded car, truck, motorcycle, boat or RV easy, efficient and secure.  They’ll take care of everything from picking up your vehicle to sending you a tax receipt for your generous gift.  To learn more about The Sierra Club Foundation's Iowa Chapter vehicle donation program, please call 844-674-3772.  Or visit our webpage to get started today!

Sierra Club Foundation promotes climate solutions, conservation, and movement building through a powerful combination of strategic philanthropy and grassroots advocacy. The Foundation is the fiscal sponsor of Sierra Club’s charitable environmental programs.

For more information 

Planned giving . . . naming the Sierra Club Iowa Chapter in your will 

Ensure your environmental legacy by naming the Iowa Chapter in your will or trust. These gifts cost you nothing now. You can hold onto your assets for as long as you need them.

Thank you for supporting our work!