State of Iowa ex rel. Thomas J. Miller, Attorney General of Iowa v. Midwest Pork, L.C., Peter DeCoster, Austin J. DeCoster d/b/a DeCoster Farms of Iowa and Iowa Ag-Construction Company, Inc.

Summary

The Supreme Court of Iowa held that Iowa Code section 455B.202(2)(a) prohibited a person subject to a pending environmental enforcement action from constructing confinement feeding operation structures for another person or entity. The court concluded that the statute's term "construct" included physically building the facilities but did not include financing their construction. The court reversed and remanded for an injunction against Austin DeCoster and Iowa Ag-Construction, while affirming dismissal as to Midwest Pork and Peter DeCoster.

Holdings

1. The term "construct" includes building an animal feeding operation structure for oneself or for another person or entity; the statute is not limited to construction for the builder's own use.
2. Financing the construction of confinement facilities does not constitute constructing those facilities under the 1997 version of section 455B.202(2)(a).
3. Iowa Ag-Construction and Austin DeCoster violated section 455B.202(2)(a) by building confinement facilities for Midwest Pork, even though others owned the facilities.
4. Midwest Pork and Peter DeCoster were not subject to the prohibition because there was no evidence they were parties to a pending chapter 455B enforcement action, and the State abandoned its agency and sham-corporation theories.

Questions Presented

1. Whether the term "construct" in Iowa Code section 455B.202(2)(a), as it existed in 1997, includes building a confinement feeding structure for another person or entity.
2. Whether financing construction of a confinement feeding structure constitutes constructing the structure under section 455B.202(2)(a).
3. Whether Iowa Ag-Construction and Austin DeCoster violated section 455B.202(2)(a) by building confinement facilities for Midwest Pork.
4. Whether Midwest Pork and Peter DeCoster were subject to the statutory prohibition.

Disposition

reversed_and_remanded