The U.S. 8th Circuit Court of Appeals handed the Iowa League of Cities a sweeping victory Monday (3/25), vacating U.S. Environmental Protection Agency (EPA) rules on sewage bypass and mixing zones saying the agency failed to follow federal notice and procedures for setting those regulations.
The league had challenged the EPA rules based on two letters from the federal agency which were sent in response to letters from U.S. Senator Charles Grassley.
The initial suit by the league in 2010 was thrown out for missing a filing deadline, but the group refiled in late 2011. The suit challenged the imposition of rules covering the treatment of sewage bypassed from full treatment during periods of peak flows to sewage treatment plants and the use of mixing zones in waters where primary contact (recreational use) occurs.
The only point the league did not prevail on was obtaining reimbursement for attorney fees in the lawsuit. League members, including the city of Bettendorf, contributed a total of $170,000 in tax dollars to fund the legal battle against the EPA.
CLICK HERE to download the full appellate court decision.
