IOWA CITY, Iowa (AP) — The Iowa Court of Appeals says Gov. Terry Branstad’s brother is entitled to attorneys’ fees for successfully challenging the state’s calculation of how many fish were killed by pollution from his cattle-farming operation.
Overturning a lower court, the court ruled 3-0 Wednesday that Monroe Branstad is the prevailing party in his battle with the Department of Natural Resources.
Branstad, of Forest City, has acknowledged that sweet-corn silage leachate unintentionally discharged from a containment basin on his farm into the Winnebago River in 2008.
The DNR estimated 31,000 fish were killed, and ordered Branstad to pay $62,000 in damages. But a judge later ruled the DNR improperly calculated the fish kill estimate, and damages were reduced to $5,300.
Wednesday’s decision means Branstad can be awarded up to $70,000 for attorneys’ fees.
