Iowa Farm Bureau Federation, Iowa Renewable Fuels Association, and Iowa Water Environment Association

I respectfully concur in part and dissent in part. I agree with the majority’s conclusion that Commissioner Heathcote’s position with an environmental organization did not disqualify her from voting on the antidegradation rules promulgated by the Environmental Protection Commission. The statute creating the Commission provides that a majority of the commissioners will be actively engaged in activities directly affected by environmental regulations. See Iowa Code § 455A.6(l)(a)-(c) (2009).10 Accordingly, viewpoint bias is contemplated and permitted, and Farm Bureau failed to establish grounds…