Several environmental groups Monday sued the U.S. Environmental Protection Agency, contending the agency is allowing pollution in Iowa streams that threatens to kill aquatic plants and insects, and sicken livestock.
The lawsuit contends the EPA has violated the Clean Water Act and the Endangered Species Act by approving Iowa regulations that allow too much chloride and other pollution in Iowa streams and lakes.
The lawsuit was filed in U.S. District Court in Des Moines by the Iowa Environmental Council, Northeast Iowa Citizens for Clean Water, the Sierra Club and fly fisherman Steve Veysey of Ames. They want the water quality standard thrown out in favor of one that complies with federal laws.
"This standard will actually allow polluters to turn Iowa's fresh waters into brackish waters that cannot support the aquatic life essential to our river ecosystems," said Sierra Club lawyer Wally Taylor. "We're challenging this standard because it's time for the (Department of Natural Resources) and the EPA to show some real leadership on water quality, not just more of the same."
State water-quality chief Chuck Corell said the state standards protect wildlife and waterways. He said levels of chloride, a main concern for Iowa waterways, are typically far below the danger level. The state also requires toxicity tests in places that have high levels of dissolved solids.
"Our standard does a great job of protecting aquatic life and uses" of the waterways, such as fishing and swimming, Corell said.
The Iowa Department of Natural Resources sets standards and administers federal clean-water laws in Iowa on behalf of the EPA. The contested limit "was not supported by sound scientific rationale, and is not protective of aquatic life, livestock water uses, wildlife watering uses, irrigation or incidental water withdrawal for such uses as watering landscape plants, vegetable gardens, strawberries, or other domestic uses," the lawsuit contends.
The plaintiffs also say that the DNR set a lenient standard to save city sewage plants money, a consideration that isn't allowed in setting the limits under the U.S. Clean Water Act. Economic concerns are allowed only as the regulation is enforced, the lawsuit contends.
Iowa cities and industrial plants have lobbied against strict chloride standards, contending that they would lead to sharp increases in residents' sewage fees.Des Moines Register