This case arose after Plaintiff filed suit against Strohman’s client, Knife River Midwest, LLC, alleging Knife River caused damage to a gas main during an excavation in 2017. Plaintiff asserted that Knife River violated Iowa Code Section 480.4 by failing to give its Iowa One Call Locate Request at least forty-eight hours prior to commencement of the excavation. Strohman filed a pre-answer motion to dismiss arguing that Iowa Code Chapter 480 does not provide for a private cause of action for monetary damages.
After Strohman obtained a dismissal for her client, Plaintiff appealed the ruling. Strohman argued that Iowa Code Chapter 480 does not expressly or implicitly provide for a private cause of action for damages. Rather, she argued that Chapter 480 provides the Attorney General with sole authority to initiate legal proceedings for a violation, and does not bestow the same power to private citizens. Furthermore, the relief afforded by Chapter 480 is limited to injunctive relief and civil penalties to be collected by the State.
After en banc oral arguments, the Iowa Court of Appeals affirmed the district court’s ruling, and determined that there is no private right to sue for damages under Iowa Code Chapter 480.
MidAmerican Energy Company v. Knife River Midwest, LLC, No. 23-1427 (Iowa Ct. App. July 3, 2024).