Legal Opinion

Litterer v. Judge

Supreme Court of Iowa

Decided May 8, 2002No. 00-1659PublishedCited by 9 opinions

1Opinion of the Court

CADY, Justice.

The petitioners in this action requested the Iowa Secretary of Agriculture to adopt an administrative rule to require all gasoline sold in Iowa to contain ten percent ethanol. The Secretary denied the request after determining she had no legal authority to adopt the rule. The district court affirmed the Secretary’s decision on judicial review. On appeal, we conclude the rulemaking authority of the secretary of agriculture does not extend to the promulgation of a rule requiring motor fuel to contain ten percent ethanol. We affirm the district court.

I. Background Facts and…

2Cases cited14 opinions

  1. State v. FormaroSupreme Court of Iowa · 2002
  2. State v. BoltzCourt of Appeals of Iowa · 1995
  3. State v. JacobsSupreme Court of Iowa · 2000
  4. Greenwood Manor v. Iowa Department of Public Health, State Health Facilities CouncilSupreme Court of Iowa · 2002
  5. Hamilton v. City of UrbandaleSupreme Court of Iowa · 1980

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3Cited by9 opinions

  1. Clark Fork Coalition v. Montana Department of Environmental QualityMontana Supreme Court · 2008
  2. City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'nSupreme Court of Iowa · 2018
  3. Wallace v. Iowa State Board of EducationSupreme Court of Iowa · 2009
  4. Hager v. Iowa Department of TransportationCourt of Appeals of Iowa · 2004
  5. City of Des Moines v. Iowa DOTSupreme Court of Iowa · 2018

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