MADISON, Wis. (AP) – A Wisconsin judge ruled Monday that state regulators can force factory farms to obtain permits before discharging pollutants, which would allow them to clear lakes, streams, etc. , it was ensured that protection for drinking water would continue to be applied pre-emptively.
Calumet County Circuit Court Judge Carrie Reed issued a ruling in a lawsuit brought by factory farm lobbyists, finding that the state Department of Natural Resources has clear legal authority to protect the state's water. .
“At a time when much of the state's surface and ground water is contaminated with animal waste, this ruling is important to preserve the DNR's ability to address water pollution that can be caused by these facilities. Yes,” said environmental attorney Evan Feinauer. Clean Wisconsin group. “If large dairy farms were able to avoid oversight, it would be catastrophic for our state’s water protection.”
Wisconsin Manufacturers and Commerce, the state's largest business group, filed a lawsuit in Calumet County in May on behalf of the Wisconsin Dairy Alliance and Venture Dairy Cooperative, an anti-factory farm lobbying group. Ta.
These groups challenged DNR officials to impose requirements through water pollution permits on factory farms, such as monitoring groundwater contamination levels, implementing fertilizer management plans, and limiting herd size. In 2023, authorities scaled back S&S Jerseyland Dairy's request to expand its dairy cow population from approximately 5,000 to 10,000 cows, leaving only approximately 2,400 additional cows available.
The plaintiffs argued that federal courts in 2005 and 2011 struck down the U.S. Environmental Protection Agency's authority to require factory farms to obtain permits before actually discharging pollutants into navigable waters. Therefore, the groups argued, the DNR's requirement that factory farms obtain permits in advance is also invalid because it violates federal law.
The group's interpretation would have allowed factory farms more freedom to expand their herd sizes and pollute state waters with chemicals such as nitrates and phosphates from manure and other fertilizers.
Reed, siding with the DNR, pointed to a provision in state law that declares that Wisconsin's policy requires restoring and maintaining the integrity of water bodies to protect public health and aquatic wildlife.
WMC spokesman Nick Novak declined to comment on the ruling.
The agricultural industry and environmentalists are locked in a heated debate over regulations for factory farms, defined as farms with at least 1,000 beef cows, 715 dairy cows, or 200,000 chickens. More than 330 such farms are currently permitted to operate in Wisconsin, according to the state Department of Natural Resources.
Conservationists argue that factory farms produce large amounts of fertilizer that pollutes groundwater, streams, and streams. Industry advocates counter that regulations are too strict and stifle growth.
The Wisconsin Farmers Union, an organization that advocates for clean Wisconsin and sustainable agriculture, joined the lawsuit as an intervener. Environmental law firm Midwest Environmental Advocates represented the group in the lawsuit.
“We are pleased that the circuit court upheld long-standing water protections and dismissed this reckless lawsuit,” Midwest Environmental Advocates staff attorney Adam Voskill said in a statement. “The claims made by Wisconsin Manufacturing and Commerce and its customers expose rural Wisconsinites and small family farmers to illegal fertilizer discharges that would contaminate drinking water and Wisconsin's rivers and lakes. Let’s go.”
