Court Proceedings

The Board's decisions may be appealed to court pursuant to state and federal law. This page details the status of the existing court cases involving the Board. 

Updated September 10, 2021

Polk County District Court Case No. CVCV060840
Proceeding:
LS Power Midcontinent et al v. State of Iowa, Iowa Utilities Board, Geri D. Huser et al – Petition for Declaratory and Injunctive Relief filed October 14, 2020
Current Status: Briefing schedule issued August 4, 2021.
Court Filings: Original Notice. Petition for Declaratory and Injunctive Relief. Defendant Motion to DismissITC Midwest, LLC AnswerITC Midwest, LLC Application to InterveneITC Midwest, LLC Joinder in Motion to DismissMidAmerican Energy Company Application to InterveneMidAmerican Energy Company AnswerMidAmerican Energy Company Joinder in Motion to Dismiss. Defendants Resistance to Plaintiff's Motion for Temporary Injunction. Order Setting Hearing. LS Power Motion to Strike. LS Power Resistance to Applications to Intervene. LS Power Motion for Extension to Reply to Motion for Temporary Injunction. Order Granting Temporary Injunction. ITC Midwest Reply in Support of Application for Intervention. MidAmerican Energy Company's Reply to Plaintiffs' Resistance to Application to Intervene. Defendants' Reply in Support of Motion to Dismiss. MidAmerican Energy Company's Reply to Plaintiffs' Resistance to Joinder of Defendants' Motion to Dismiss. LS Power Reply; LS Power Exhibits. Order Setting Hearing on Motion on All Remaining Motions. Motion Setting Hearing on Application for Intervention. Order Granting Intervention. Appearance of Counsel for Intervention Application MidAmerican. MidAmerican's Resistance to LSP Request for Temporary Injunction. Appearance of Counsel for ITC Midwest. ITC Resistance to Plaintiffs Injunction. Affidavit of Jeffrey Eddy. Combined Reply to Intervenors MidAmerican Energy Company and ITC Midwest's Resistances to Plaintiffs' Motion for Temporary Injunction. Exhibits to Combined Reply to Intervenors Resistances to Plaintiffs' Motion for Temporary Injunction. Order Continuing Hearing. ITC/MidAmerican Reply to Intervenors' Resistance to Plaintiffs' Motion for Temporary Injunction. Order Concerning Maintenance of Exhibits. State's Supplemental Brief. ITC/MidAmerican Sur-reply in Opposition to Temporary  Injunction. Plaintiffs' Reply in Support of Motion for Temporary Injunction. Order on Motion to Dismiss and Motion for Temporary Injunction. Plaintiffs' Motion for Reconsideration, Enlargement or Modification. Plaintiffs' Brief in Support of Motion for Reconsideration, Enlargement or Modification. Plaintiffs' Motion for Leave to Amend Petition. Plaintiffs' First Amended Petition for Declaratory and Injunctive Relief. Defendants' Response to Plaintiffs' Motion to Reconsider. Intervenor Affidavit in Support of Resistance to Motion for Leave to Amend Petition. Intervenor MidAmerican Energy Company's Resistance to Motion for Leave to Amend Petition and Joinder in Resistances to Motions to Reconsider. Intervenor ITC Midwest's Combined Resistance to Plaintiffs' Motion to Reconsider and Motion for Leave to Amend. Order Denying Motion to Reconsider and Motion for Leave to Amend. Dismissed by District Court. Appeal filed May 20, 2021. 

Polk County District Court Case No. CVCV061580
Proceeding:
Linda Juckette v. Iowa Utilities Board – Petition for Judicial Review of Agency Action filed March 24, 2021
Current Status: Waiting on district court order on the pending motion for stay and limited remand.
Court Filings: Petitioner's Petition for Judicial Review of Agency Action. Appearance - Matt Oetker. Petitioner's Affidavit of Mailing. Appearance - Jon Tack. Petitioner's First Amended Petition for Judicial Review of Agency Action. Respondent's Motion to Enlarge Time to Transmit Certified Record. Order Granting Unopposed Motion to Enlarge Time to Transmit. Respondent's Answer to First Amended Petition. Return of Service. Order Establishing Schedule for Conduct of Proceedings Pursuant to IR Civ P1.1603(2) (Order also sets hearing date)Motion to Intervene and Appear. Order Setting Hearing. Respondent's Response to Motion to Intervene. Notice of Certified Copy of Agency Record Filed Non-Electronically.Transmission of Record. MidAmerican Energy Company's Appearance and Motion to Intervene. Iowa Association of Electric Cooperative's Motion to Intervene and Appear. Iowa Association of Electric Cooperatives Appearance. Iowa Association of Electric Cooperatives AppearanceNotice of Certified Copy of Agency Record Filed Non-Electronically. Iowa Utility Association's Motion to Intervene and Appear. Respondent's Response to Iowa Association of Electric Cooperatives' Motion to Intervene. Plaintiff's Resistance to Iowa Association of Electric Cooperatives and Iowa Utility Association Motions to Intervene. Petitioner's Response to Office of Consumer Advocate and Iowa Utility Association Motions to Intervene. Respondent's Response to MidAmerican Energy Company and Iowa Utility Association Motions to Intervene. Iowa Utility Association's Reply to Resistance to Motion to Intervene. Iowa Association of Electric Cooperatives' Reply to Plaintiff's Resistance to Motion to Intervene. Court Reporter Memorandum and Certificate. Order Granting Motions to Intervene and Appear by Office of Consumer Advocate and MidAmerican Energy, and Granting Amicus Curiae Status to the Iowa Association of Electric Cooperatives and the Iowa Utility Association. MidAmerican Motion for Stay and Limited Remand. Attachment A. Attachment B. Attachment C. Attachment D. Order Setting Hearing on Motion. Intervenor OCA's Response to Intervenor MidAmerican's Motion for Stay and Limited Remand. MidAmerican's Motion for Modification of the Briefing Schedule. Petitioner's Resistance to MidAmerican's Application for Limited Remand. Respondent's Response to MidAmerican's Motion for Stay and Limited Remand. Petitioner's Response to MidAmerican's Motion for Modification of Briefing Schedule. Petitioner's Opening Brief. Court Reporter Memorandum and Certificate. ITC Midwest Motion for Permission to Submit Brief of Amicus Curiae. Order Setting Hearing. Respondent's Brief in Resistance to Petition for Judicial Review. Iowa Utility Association's Amicus Brief. IUB Motion to File Portions of Agency Record Under Seal. Juckette Motion for Extension of Time to File Reply. ITC Midwest Brief of Amicus Curiae. Intervenor OCA's Breif in Resistance to Petition for Judicial Review. Brief of Intervenor MidAmerican Energy Company. Brief of Amicus Curiae of the IAEC. Intervenor MidAmerican's Response to Petitioner's Motion for Extension of Time to File Reply Brief. IUB Motion to File Portions of Agency Record Under Seal. Order Granting Unopposed Motion for Permission to Submit Brief as Amicus Curiae. Order Granting Respondent's Unopposed Motion to Seal Certain Information at Security Level 5. Order Granting Plaintiff's Motion for Extension of Time to File Reply Brief. Petitioner's Reply Brief. ITC Midwest AppearanceCourt Reporter Memorandum and CertificateOrder Denying RemandStatement of Costs (MidAmerican Energy).

Polk County District Court Case No. CVCV061992
Proceeding: 
Environmental Law & Policy Center, Iowa Environmental Council, and Sierra Club v. Iowa Utilities Board – Petition for Judicial Review filed June 11, 2021
Current Status: Respondent and Intervenor briefs due September 24, 2021. Reply briefs due October 1, 2021.
Court Filings:  Petition for Judicial Review. Appearance of Kim Snitker. Appearance of Jon Tack. Appearance of Bret Dublinske. MidAmerican Motion to Intervene. Order Setting Hearing on Motion to Intervene. Respondent's Answer and Affirmative Defenses. Respondent's Response to MidAmerican's Motion to Intervene. Plaintiff's Response to MidAmerican's Motion to Intervene. Respondent's Application to Restrict Access / Motion to file Portions of the Agency Record Under Seal. Notice of Transmission of Agency Record. Agency Record Part 1. Agency Record Part 2. Agency Record Part 3. Order Granting Application to Restrict Access / Motion to File Portions of Agency Record Under Seal. Appearance of Matt Oetker. Order Canceling Hearing. Appearance of Jeffrey J. Cook, Office of Consumer Advocate. OCA Motion to Intervene. Order Establishing Schedule for Conduct of Proceedings. Appearance on Behalf of Intervenor MidAmerican Energy. Order Granting OCA's Motion to Intervene. Petitioners' Brief. Intervenor OCA's Brief in Support of Petition for Judicial Review

    Printed from the website on September 19, 2021 at 12:46pm.