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LAWSUIT FILED: Legislative Rules Challenge

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A lawsuit has been filed claiming the creation of the Iowa Legislature’s Administrative Rules Review Committee was unconstitutional.

The lawsuit was filed by the Iowa Chapter of the Sierra Club following a decision by the ARRC to delay the implementation of an administrative rule adopted by the Natural Resource Commission.

The Commission voted in July 2011 to amend its dove-hunting season rule to ban lead shot, but the ARRC delayed that decision while allowing the dove-hunting season to go on. The ARRC said it wanted the legislature to address the ban in 2012.

“We have three separate and equal branches of government, “said Wally Taylor, the Cedar Rapids attorney representing the Sierra Club. “The legislative branch through the ARRC cannot constitutionally stop the actions of the executive branch acting through the Natural Resource Commission.”

The Iowa House passed a resolution banning lead-based ammunition in February. The Senate has not yet acted on a resolution.

The Iowa DNR is also named in the lawsuit.