109 Iowa L. Rev. 2267 (2024)
Abstract
On June 30, 2022, the Iowa Supreme Court, in a 4–3 decision, overruled 18-year-old precedent to find that Iowa’s right-to-farm statute, Iowa Code section 657.11, does not violate the Inalienable Rights Clause of the Iowa Constitution, overruling the test set out in Gacke v. Pork Xtra, L.L.C. This decision will have a large impact on Iowa’s right-to-farm laws and could potentially lead to the overturning of other right-to-farm cases, specifically Bormann v. Board of Supervisors. This Note examines the history and impacts of CAFOs in Iowa, as well as examining Iowa case law and the constitutional provisions utilized in those cases. It also examines the future of Bormann under the Garrison decision and the Iowa Supreme Court’s ideology that precedent does not always matter. This Note proposes that the Iowa Supreme Court should adhere to stare decisis principles. This Note also proposes legislation that the Iowa Legislature should adopt now that Garrison has been decided and CAFOs seem to have free rein. The Iowa Legislature must put policy in place to protect Iowans and their communities.