Cherokee County Court Upholds Proper Legal Process, Dismisses Lawsuit Against the IUB

A judge in the District Court in Cherokee dismissed a case against the IUB, explaining that the plaintiffs in the case had not availed themselves of all of the remedies available to them before filing a lawsuit against the Iowa Utilities Board.

The suit was filed in July and challenged whether or not the IUB had authority to render a decision on the application to construct the proposed Dakota Access Pipeline. The IUB and Dakota Access filed a motion to dismiss the suit in August.

Judge Carl J. Petersen explained his decision to dismiss the case in his written opinion:

As all of Petitioners’ potential wrongs are provided for in the relevant statute, intended for review by IUB, and are subject to application for judicial review following IUB’s decision, the wrongs are adequately addressed through the administrative process.

The MAIN Coalition applauds the decision to dismiss the case, which not only sought to undermine the legitimacy of the Iowa Utilities Board, but also tried to delay the agency’s decision on the application of the proposed Dakota Access Pipeline. We believe that the lawful process was upheld as a result of this decision, which is critical to ensuring that Iowa’s business climate remains stable, predictable, and open to the investments the state needs to grow.

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