MANURE DIGESTER PROMOTERS SURRENDER CONDITIONAL USE PERMIT-DWD FILES MOTION TO HALT FURTHER CONSTRUCTION.

Attorneys for Driftless Water Defenders (DWD) have been informed by attorneys for companies building a manure biodigester in Winneshiek County that a conditional use permit (CUP) for constructing the digester has been surrendered by the companies to the Winneshiek County Board of Adjustment.

DWD has filed a motion for an injunction to block the digester’s construction near Ridgeway in the southwest portion of Winneshiek County, Iowa.

Applicants for the CUP included both digester companies Novilla and Walnut Creek as well as Deb Storlie and Craig Bohr. Opponents of the CUP, led by DWD, included many local residents.

DWD filed a lawsuit in the Iowa District Court on October 3, 2024, challenging the Board’s issuance of the CUP. DWD alleged that the due process rights of citizens were violated by the manner in which the Board had approved the application for the CUP at the conclusion of a contentious meeting on September 3, 2024.

According to a letter issued by the digester promoters’ attorneys (a copy of which is attached), the surrender occurred on February 27, 2025. That was 23 days after the Board issued of new procedural rules on February 4, 2025, nearly five months after the CUP had been initially issued to the digester applicants.  The new rules establish a procedural framework for the Board’s conduct—something that was not in place at the September 3rd meeting.

 “The essence of democratic government is the opportunity for citizens to be heard before decisions are made that impact their rights,” said Chris Jones, President of DWD. “In this instance, citizens described what they believe will be violations of their rights of access to clean air and clean water if the manure digester is constructed at that location.”

James Larew, attorney for DWD, agreed. “A Board considering whether to grant an application for a conditional use permit must be fair, making decisions that comply with the law,” he said. “By surrendering their CUP, the digester applicants, in effect, admit they could not have survived a judicial review of the Board’s decision-making process based on the concerns raised by DWD.”

The digester applicants are expected to apply for a new conditional use permit.  “We’ll be watching,” said Larew.  “The Board should protect the interests and health of the citizens of Winneshiek County, which includes the County’s clean water and clean air.” 

 Continued Jones, an expert on nitrate water pollution: “Any decision on an applicant for a conditional use permit must consider the public’s expressed concerns that any constructed manure digester will lead to increased nitrate pollution--harming people, including those residing in nearby farms, and those who enjoy the streams and rivers of Winneshiek County and surrounding areas.”

FINI

Attached:        Surrender Letter by Counsel for Novilla and Walnut Creek