Tammy Thompson, Scott Boylen, Alicia Mullarkey, Linda Appelgate, Larry A. Stone, Mary Damm, and Steve Veysey v. Iowa Department of Natural Resources and Supreme Beef, LLC

Summary

The Iowa Court of Appeals affirmed dismissal of a petition for judicial review concerning the renewal of Supreme Beef, LLC’s water-use permit. The court held that the petitioners failed to exhaust an available administrative remedy because they did not appeal the Iowa Department of Natural Resources’ remand decision to the Environmental Protection Commission before seeking judicial review. A dissent argued that the agency’s characterization of its action as final, together with the unusual procedural history, made the exhaustion requirement unclear and warranted remand.

Holdings

1. Under Iowa Code sections 17A.19(1) and 455B.278, a party seeking judicial review of a DNR permit-related action must exhaust the adequate administrative remedy of appealing the action to the EPC before filing in district court.
2. The existence of final agency action does not, by itself, establish that all administrative remedies have been exhausted.
3. The DNR did not waive or become estopped from asserting administrative exhaustion by describing its remand memorandum as final agency action.
4. The district court lacked authority to hear the petition for judicial review because petitioners failed to exhaust their administrative remedies.

Questions Presented

1. Whether petitioners were required to appeal the DNR's remand decision to the Environmental Protection Commission before seeking judicial review.
2. Whether the DNR's characterization of its remand memorandum as final agency action waived or excused the exhaustion requirement.
3. Whether the district court lacked authority to entertain the petition for judicial review because petitioners failed to exhaust available administrative remedies.

Disposition

affirmed