1. Except as provided in subsection 2, a person with standing as provided in subsection 3 may commence a civil action in district court on the person’s own behalf against any of the following:
a. A person, including the state of Iowa, for violating any provision of this chapter; chapter\n\nTue Dec 09 22:11:03 2025 Iowa Code 2026, Chapter 455B (104, 1) 11 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.112A\n\n459, subchapters I, II, III, IV, and VI; chapter 459A; chapter 459B; or a rule adopted pursuant to this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B.
b. The director, the commission, or any official or employee of the department where there is an alleged failure to perform any act or duty under this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; chapter 459B; or a rule adopted pursuant to this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B, which is not a discretionary act or duty.
2. An action shall not be commenced pursuant to subsection 1, paragraph “a”, unless the person commencing the action has provided the director and the alleged violator with a written notice at least sixty days prior to commencing the action. The written notice shall specify the nature of the violation and that legal action is contemplated under this section if the violation is not abated and, if necessary, remedial action is not taken. The state may intervene in such an action as a matter of right. In addition, an action shall not be commenced pursuant to subsection 1, paragraph “a”, if the department or the state has commenced and is actively prosecuting a civil action or is actively negotiating an out-of-court settlement to require abatement of the violation and, if necessary, remediation of damages. However, any person may intervene as a matter of right in such an action.
3. A person shall have standing to commence an action pursuant to subsection 1 or to intervene in an action pursuant to subsection 2 if the person is adversely affected by the alleged violation or the alleged failure to perform a duty or act.
4. In an action commenced pursuant to subsection 1, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any party.
5. This section does not restrict any right under statutory or common law of a person or class of person to seek enforcement of provisions of this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; chapter 459B; or a rule adopted pursuant to this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B; or seek other relief permitted under the law. 86 Acts, ch 1245, §1888; 2005 Acts, ch 136, §26, 27; 2009 Acts, ch 155, §25, 26, 34 Referred to in §455K.8 \n
Notes of Decisions
Cited in
10
cases, 1996–2016 · leading case:
Gerst v. Marshall, 549 N.W.2d 810 (Iowa 1996).
Gerst v. Marshall, 549 N.W.2d 810 (Iowa 1996).
· cites it 29× “Compare Iowa Code § 455B.111 (1993) with 42 U.S.C.”
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
· cites it 8× “§ 455B.111. The person commencing the action must be "adversely affected by the alleged violation.”
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
· cites it 2× “§ 455B.111(4) (authorizing award of costs including attorney fees to any party in action for natural resources statute violations); id.”
Williams Pipe Line Co. v. Bayer Corp., 964 F. Supp. 1300 (S.D. Iowa 1997).
· cites it 4× “I55B Claim Bayer brings a citizens suit under Iowa Code § 455B.111, alleging that Williams violated Iowa Code §§ 455B.”
Aladdin, Inc. v. Black Hawk Cnty., 562 N.W.2d 608 (Iowa 1997).
· cites it 6× “A property owner has a right to have its liability established in a legal proceeding in which the owner has the opportunity to show that the owner did not cause the water pollution or hazardous condition. If the DNR or a citizen can prove the owner is legally responsible, and…”
Sierra Club v. Wayne Weber LLC, 689 N.W.2d 696 (Iowa 2004).
· cites it 2× “1 An additional claim in the nature of a citizens’ action was asserted pursuant to Iowa Code section 455B.111 (1999). In June 2000, Hawkeye Fly Fishing Association intervened in the action and joined in Sierra Club’s claims.”
Laurie Freeman, Sharon Mockmore, Beccy Boysel, Gary D. Boysel, Linda L. Goreham, Gary R. Goreham, Kelcey Brackett, & Bobbie Lynn Weatherman v. Grain Processing Corp. (Iowa 2014).
· cites it 2× “The plaintiffs note that Iowa Code chapter 455B, like the CAA, has a citizens’ rights savings clause, which provides: “[t]his section does not restrict any right under statutory or common law of a person or class of person to .”
— Iowa Code § 455B.111(1) — 1 case
Gerst v. Marshall, 549 N.W.2d 810 (Iowa 1996).
“Compare Iowa Code § 455B.111 (1993) with 42 U.S.C.”
— Iowa Code § 455B.111(2) — 1 case
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
“§ 455B.111. The person commencing the action must be "adversely affected by the alleged violation.”
— Iowa Code § 455B.111(3) — 2 cases
Gerst v. Marshall, 549 N.W.2d 810 (Iowa 1996).
“Compare Iowa Code § 455B.111 (1993) with 42 U.S.C.”
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
“§ 455B.111. The person commencing the action must be "adversely affected by the alleged violation.”
— Iowa Code § 455B.111(4) — 3 cases
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
“§ 455B.111(4) (authorizing award of costs including attorney fees to any party in action for natural resources statute violations); id.”
— Iowa Code § 455B.111(5) — 3 cases
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
“§ 455B.111. The person commencing the action must be "adversely affected by the alleged violation.”
Laurie Freeman, Sharon Mockmore, Beccy Boysel, Gary D. Boysel, Linda L. Goreham, Gary R. Goreham, Kelcey Brackett, & Bobbie Lynn Weatherman v. Grain Processing Corp. (Iowa 2014).
“The plaintiffs note that Iowa Code chapter 455B, like the CAA, has a citizens’ rights savings clause, which provides: “[t]his section does not restrict any right under statutory or common law of a person or class of person to .”
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treatment. Dots show Syfertize treatment of the citing case itself.