American Soil Processing, Inc. v. Iowa Comprehensive Petroleum Underground Storage Tank Fund Board

LAVORATO, Justice.

A state agency agreed to provide the plaintiff with a yearly minimum amount of contaminated soil under a soil remediation contract. When the agency failed to provide the soil as agreed, the plaintiff sued, seeking damages pursuant to a liquidated damages provision in the contract. Both parties moved for summary judgment.

The agency argued that its failure to provide the requisite amount of soil was due to governmental action not under its control. For that reason, the agency argued it was excused under the contract’s force majeure clause.

The district court concluded the…