- Climate Litigation Database
- /
- Search
- /
- Filippone v. Iowa Department of Natural Resources
Collection
Filippone v. Iowa Department of Natural Resources
Filippone v. Iowa Department of Natural Resources ↗
05771 CVCV008748Iowa Dist. Ct.2 entries
Filing Date
Type
Action Taken
Document
Summary
01/30/2012
Decision
Order issued affirming denial of rulemaking petition.
–
–
Filippone v. Iowa Department of Natural Resources ↗
12-0444Iowa Ct. App.1 entry
Filing Date
Type
Action Taken
Document
Summary
03/13/2013
Decision
Opinion issued affirming denial of rulemaking petition.
After an Iowa district court affirmed the denial of the rulemaking petition, Filippone again appealed. The Iowa Court of Appeals upheld the denial. The Court of Appeals declined to expand Iowa’s public trust doctrine to include the atmosphere, noting that the doctrine has a “narrow scope.” The appellate court also held that the Iowa Department of Natural Resources had given fair consideration to the petition and that denial of the petition was not unreasonable, arbitrary, capricious or an abuse of discretion, and that Filippone had failed to preserve error on her Inalienable Rights Clause claim. One judge issued a concurring opinion stating that he felt that there was a “sound public policy basis” for extending the public trust doctrine to air but that the court was constrained by Iowa Supreme Court precedent limiting the doctrine’s scope. Filippone sought review in the Iowa Supreme Court, but on May 9, 2013 the Supreme Court <a href="https://static1.squarespace.com/static/571d109b04426270152febe0/t/576209d4197aea9b325c336f/1466042837239/13.05.09-IowaSC-Decision_0.pdf">denied</a> review.
Iowa Petition for Rulemaking by Kids vs Global Warming ↗
n/aIowa DNR2 entries
Filing Date
Type
Action Taken
Document
Summary
06/22/2011
Decision
Petition for rulemaking denied.
The Iowa Department of Natural Resources denied the petition, stating that it had already adopted state regulations regarding a greenhouse gas inventory of statewide emissions and also citing existing and impending federal regulation of greenhouse gas emissions from certain sources in the state.
06/22/2011
Petition
Petition filed.
In 2011, an environmental group, Our Children’s Trust, filed administrative petitions in several states, including Iowa, requesting that the environmental agencies in these states adopt rules to reduce statewide greenhouse gas emissions from fossil fuels pursuant to the Public Trust Doctrine. The petitions were part of a nationwide campaign by Our Children’s Trust and iMatter, groups that seek to combat climate change on behalf of future generations. Glori Dei Filippone was added as a petitioner.