No. 23-1405 ___________________________

James Hunter; Sheri Hunter; Bradley Hutchison; Katherine Hutchison; Susan Kelley; William McConnell; Cindy O’Hearn; Michael O’Hearn; Barbara Oliver; James Rine; Mary Rine; Stephanie Sholes

Plaintiffs - Appellants

v. Page County, Iowa; Board of Supervisors of Page County, Iowa; Alan Armstrong; Jacob Holmes; James King; Chuck Morris; Carl Sonksen

Defendants - Appellees

Shenandoah Hills Wind Project, LLC

Intervenor - Appellee ____________

Appeal from United States District Court for the Southern District of Iowa - Western ____________

Submitted: October 19, 2023 Filed: May 17, 2024 ____________ Before SMITH, Chief Judge, 1 LOKEN and COLLOTON,2 Circuit Judges. ____________ SMITH, Chief Judge.

The Board of Supervisors of Page County, Iowa (Board) issued a commercial wind energy permit to Shenandoah Hills Wind Project, LLC (SHW) to erect wind turbines in Page County, Iowa (County). Plaintiffs, who own properties or reside near proposed turbine sites, sued the County, the Board, and County officials (collectively, “defendants”) in Iowa state court. Plaintiffs claimed that (1) the permit’s issuance violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution; (2) it violated the Iowa Constitution, Iowa Code, and County ordinances; and (3) County officials, in violation of the Iowa Open Meetings Act, held nonpublic meetings on SHW’s application. Defendants removed the case to federal court based on the federal due process claim.

The district court exercised federal question jurisdiction over the federal due process claim and supplemental jurisdiction over the state claims. It dismissed the federal due process claim for lack of prudential standing and as implausibly pleaded under Federal Rule of Civil Procedure 12(b)(6). It further dismissed the state claims as time-barred under Iowa law and implausibly pleaded under Rule 12(b)(6). A few days later, the County revoked the permit. Even though the permit has been revoked, plaintiffs have appealed the district court’s order.

Although the parties have not raised jurisdiction as an issue in this appeal, we have an independent obligation to determine whether a dispute is a constitutional case or controversy that we may decide. U.S. Const. art. III, § 2, cl. 1. For the reasons

1 Judge Smith completed his term as chief judge of the circuit on March 10, 2024. See 28 U.S.C. § 45(a)(3)(A). 2 Judge Colloton became chief judge of the circuit on March 11, 2024. See 28 U.S.C. § 45(a)(1).

-2- stated herein, we hold that the County’s revocation of SHW’s permit mooted plaintiffs’ claims, except their claims under the Iowa Open Meetings Act. The district court permissibly exercised supplemental jurisdiction over these remaining claims and properly dismissed them. We affirm in part, vacate in part, and remand to the district court for further proceedings consistent with this opinion.

I. Background Since 1983, the State of Iowa has promoted the development of alternative energy resources, including wind, solar, and hydroelectric energy. Iowa Code §§ 476.41–.42. As of 2022, Iowa exceeded every other state in the percentage of wind energy—62 percent—used to meet residents’ electricity demands. U.S. Energy Info. Admin., Iowa: State Profile and Energy Estimates, U.S. Energy Atlas, https:// www.eia.gov/state/?sid=IA (accessed Mar. 28, 2024). In Iowa, county gover