failing

Can You Sue the State For Failing to Protect Against Pollution?

Article XIV Section 4 states:

The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.

Cedar River Below Dam

While Article XIV Section 5 provides:

A violation of any of the provisions of this article may be restrained at the suit of the people or, with the consent of the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen.

This would state affirmatively that the any citizen may sue the state for failing to “conserve and protect its natural resources and scenic beauty” and “encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.”.