Quarterly Newsletter

July 2005

Dear MEJA Supporter:

Great news! In late June, the Polk County District Court reversed and remanded the wastewater permit issued to Agriprocessors, Inc. of Postville, ruling that two variances from Iowa’s water quality standards were illegally issued. On behalf of Northeast Iowa Citizens for Clean Water, MEJA challenged the permit because of the potential for chloride pollution to adversely impact aquatic life in Hecker Creek and the Yellow River. The Yellow River, one of our prized trout streams, is designated a “high quality resource water,” while Hecker Creek is on the state’s impaired waters list. Hecker is also a losing stream, meaning groundwater resources were also at risk. We are very pleased that the judge agreed that IDNR must follow the safeguards in Iowa law.

The battle is not over, however. IDNR has gone back to the drawing board and may try to re-issue the variances. We are working with experts to develop scientific data on the aquatic resources in this area and to explore potential treatment techniques. We will continue to make our case at the agency level. In addition, there are other legal issues still unresolved, which may require a trial to determine. However, at least for now, IDNR has gotten the message that it may not simply waive regulations whenever polluters find them inconvenient.

In other news:
• MEJA and EPA continue to pursue penalties and injunctive relief against Agriprocessors in federal court for numerous violations of the Clean Water Act.
• MEJA has agreed to represent NICCW and the Iowa Environmental Council in a challenge to the recent relaxation of Iowa’s Total Dissolved Solids water quality standard. We hope the case will ensure that these standards are set at levels that truly protect aquatic life and human health.
• MEJA continues to represent the Linn County Conservation Board regarding the adverse impacts of a proposed highway through the Rock Island Botanical Preserve. A ruling from the Iowa Supreme Court on one aspect of the case is expected soon.

MEJA is beginning to build an excellent reputation as an effective advocate for the public on environmental issues and your contributions have been essential to make this important progress. We sincerely thank the contributors listed on the back of this letter, without whom this litigation could not be pursued.

Please let me know if you have any questions about these developments.

Sincerely,


Jerry L. Anderson
President and Managing Attorney