Cota v. Iowa Environmental Protection Commission

CARTER, Justice.

Petitioner, Daniel L. Cota, challenges the dismissal of his petition for judicial review of preliminary agency action because of his failure to exhaust administrative remedies. He sought direct judicial review of an emergency order of the Department of Natural Resources requiring him to fence a contaminated area. The appellees named in this appeal are the Iowa Department of Natural Resources (the DNR) and the Iowa Environmental Protection Commission. Because the latter is a commission within the DNR and acts as the alter ego of that agency, we hereafter refer only to the DNR…