Added Wrinkle to Lead Shot Issue

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The week after the second funnel was relatively uneventful. Dozens of bills died as a result of Joint Rule 20 and can only be resurrected as amendments to another bill, joint leadership sponsorship or as part of the standing appropriations bill. All of these options are remote for most bills. Both the House and Senate used the week to work in small groups on key pieces of legislation and took little action on the bills scheduled for debate.

The most exciting part of the week was the filing of a lawsuit by the Sierra Club Iowa relating to the use of lead shot in dove hunting. Sierra Club Iowa Chapter v. Iowa Administrative Rules Review Committee and Iowa Department of Natural Resources challenges the constitutionality of the action taken by the Administrative Rules Review Committee (“ARRC”) in delaying the decision of the Iowa Natural Resources Commission prohibiting the lead shot in dove hunting. The Sierra Club alleges the action was an unconstitutional violation of the separation of powers in the Iowa Constitution resulting from a legislative branch committee, the ARRC, overturning an act of an executive branch agency, the Department of Natural Resources. The theory is certainly novel. We expect a vigorous defense by the State and intervention on both sides of the case by several organizations impacted by the ARRC decision. We will keep you informed as hearing are held and briefs filed.


Thomas E. Stanberry & Jessica S. Harder
Government Relations Report
515.288.2500
www.davisbrownlaw.com

Published In: Constitutional Law Updates, Elections & Politics Updates, Environmental Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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