Posted by Jane Clark

FOR IMMEDIATE RELEASE Contact: Larry McLellan
October 26, 2001 515-247-4715

STATE MUST CLEAN UP POLLUTED WATERS
Iowa Clean Water Act Litigation Settled

Cedar Rapids, Iowa--After three years of litigation, the Environmental
Protection Agency has agreed to fully enforce the federal Clean Water Act
(CWA) in Iowa. Today, the parties in Save All Iowa Lakes Oxbows Rivers and
Streams Inc. (SAILORS) vs. Environmental Protection Agency filed a proposed
consent decree with the federal district court in Cedar Rapids.

Three citizens groups, SAILORS, Mississippi River Revival and the Sierra
Club filed lawsuits alleging that the EPA had failed to adequately enforce
the Clean Water Act in Iowa. In 1998, Iowa identified 157 water bodies that
were impaired by pollution in a biennial list required by the CWA. In
previous lists, many of the same water bodies had been identified as
impaired. After listing the impaired waters, the CWA requires Iowa to study
the pollution problem on each segment, developing the Total Maximum Daily
Load (TMDL) of pollutants that are necessary to achieve compliance with
water quality standards.

"This is a victory not only for the people of Iowa who use these bodies of
water for recreation," said Larry McLellan, co-counsel and attorney from
Sullivan & Ward, "it's a victory for the citizens of other states affected
by rivers that run through Iowa and into their states, such as the
Mississippi and Missouri Rivers."  Mr. McLellan cautioned "it is important
to understand that this is the first step in a long process to clean up Iowa
's waters."

Although the TMDL regulatory requirement has been in effect since 1978, Iowa
had not completed any such studies when this litigation was filed in 1998.
Under the Act, when a state fails to meet its obligations, the federal EPA
is required to step in and complete the TMDLs.  In this case, the EPA also
failed to complete TMDLs.

The consent decree filed with the court requires Iowa to complete TMDLs for
all of the impaired waters on the 1998 list within a 10-year period. If Iowa
fails to complete a TMDL by the required date, EPA has agreed to complete
the TMDL within 18 months thereafter.

The litigation has already reaped results. Spurred by this pending
settlement, the Iowa Department of Natural Resources last year appointed
William Ehm to be TMDL Coordinator, a position that previously did not
exist. The governor requested and the legislature appropriated $5 million
dollars to be used for water quality monitoring programs. The DNR completed
four TMDLs on three impaired water bodies in 2000, and expects to complete
12 TMDLs by the end of 2001.  (see DNR TMDL Web site
http://www.state.ia.us/epd/wtresrce/files/tmdl_dev.htm)

The settlement also specifically requires DNR to complete TMDLs for the
Cedar River by December 2005 and for the Raccoon River by December 2008.
Both are impaired by fecal coliform and nitrates. In addition, EPA has
agreed to consider more closely certain segments of the Mississippi River,
which until now has received little attention on Iowa impaired waters lists.

For more information regarding this landmark decision, contact: Regina Thiry
at (319) 296-1460 or Nick Frost at (319) 296-3298, officers of SAILORS, or
Sol Simon, president of Mississippi River Revival at (507) 457-0393.

These two groups are represented by Larry McLellan of Sullivan & Ward, P.C.
in Des Moines (515-247-4715) and Jerry Anderson, an environmental law
professor at Drake Law School. The Sierra Club was represented by Wally
Taylor of Cedar Rapids. Student interns from Drake University Law School
also assisted in the litigation.

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