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Appeals court declines to order DNR to take action on greenhouse gases

Ruling involves a petition from a children's group and a teen Des Moines activist.

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Posted: Thursday, March 14, 2013 12:00 am

IOWA CITY -- An appeals court declined Wednesday to order the Iowa Department of Natural Resources to adopt rules limiting greenhouse gas emissions, saying the agency does not have a legal duty to protect the atmosphere for future generations.

The Iowa Court of Appeals declined to extend Iowa's public trust doctrine, which requires the state to protect lakes, rivers and nearby lands for public use, to include the air in the atmosphere. Judges said they had no legal precedent to expand the doctrine, which has been narrowly interpreted in previous cases. But one of them seemed to invite the Iowa Supreme Court to apply the doctrine to the air, saying "there is a sound public policy basis for doing so."

The ruling upheld the DNR's rejection of a petition filed in 2011 by the group Kids vs. Global Warming and teenage Des Moines activist Glori Dei Filippone, who asked the agency to make rules requiring cuts in emissions of carbon dioxide in order to limit the effects of climate change.

The case was highly publicized because of the way Filippone, then 13, was treated after she delivered a detailed presentation calling for action on her petition during a meeting of the Environmental Protection Commission. Commission chairman Dave Petty, a Republican cattle rancher from Eldora, scolded Filippone for telling the commission she was a vegetarian, saying, "that's when you lost me in your presentation."

"I'd like to introduce you to my daughter because she will absolutely convince you that you are wrong on that," Petty told Filippone. The commission voted 7-0 to reject the petition. Then-DNR Director Roger Lande upheld the denial, saying the state would wait to act in anticipation of pending federal rules requiring new limits on emissions from power plants and petroleum refineries.

The appeals court said Petty's comment about vegetarianism was unfortunate but ruled that the commission and the DNR nonetheless gave fair consideration to Filippone's petition before denying it.

West Des Moines attorney Channing Dutton said he decided to represent Filippone and Our Children's Trust, an Oregon-based environmental group sponsoring the petition, after he was outraged at how she was treated. He said he would ask the Iowa Supreme Court for further review, calling it a critically important case.

© 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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