Freeman v. Grain Processing Corp.

848 N.W.2d 58 (2014)

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Freeman v. Grain Processing Corp.

Iowa Supreme Court
848 N.W.2d 58 (2014)

  • Written by Liz Nakamura, JD

Facts

Grain Processing Corporation (GPC) (defendant) operated a corn-milling plant near a residential area. Laurie Freeman (plaintiff), along with seven other nearby residents, brought a nuisance action against GPC seeking compensation for injuries caused by the noxious odors and harmful pollutants released by GPC’s plant. GPC moved to dismiss, arguing that (1) Freeman’s action under Iowa’s common law of nuisance was preempted by the federal Clean Air Act (CAA) and (2) under the political-question doctrine, it was inappropriate for the court to decide complex issues involving air pollution because those issues should instead be addressed by the legislature. The trial court dismissed Freeman’s action. Freeman appealed.

Rule of Law

Issue

Holding and Reasoning (Appel, J.)

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