Wisconsin Ag Connection - Wisconsin judge upholds factory farm permit requirement

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Wisconsin judge upholds factory farm permit requirement
Wisconsin Ag Connection - 01/31/2024

In a significant ruling, a Wisconsin judge, Carey Reed, affirmed that state regulators have the authority to require factory farms to obtain permits before discharging pollutants, safeguarding lakes, streams, and drinking water preemptively. The decision came in response to a lawsuit filed by factory farm lobbyists, including Wisconsin Dairy Alliance and Venture Dairy Cooperative, challenging the Department of Natural Resources' (DNR) power to mandate pollution permits.

The plaintiffs contested the DNR's authority to impose restrictions through water pollution permits, such as monitoring groundwater pollution levels, implementing manure management plans, and limiting herd sizes. They argued that federal courts had previously struck down the Environmental Protection Agency's authority to require permits before contaminant discharge, suggesting a conflict with the DNR's requirements.

However, Judge Reed sided with the DNR, emphasizing a section of state law prioritizing the restoration and maintenance of water integrity for public health and aquatic wildlife protection. This ruling ensures the DNR's ability to address water pollution caused by factory farms, a crucial measure at a time when many water sources in the state are already contaminated with animal waste.

The Wisconsin Manufacturers and Commerce, the state's largest business group, filed the lawsuit on behalf of factory farm lobbyists, contending that regulations impede growth. The judge's decision upholds clean water protections, rejecting claims that could have exposed rural communities and small family farmers to illegal manure discharges, endangering drinking water and water bodies.

The farming industry and environmentalists have long debated the regulation of factory farms, with concerns raised about groundwater, stream, and creek contamination due to massive manure production. Over 330 factory farms, defined as those with at least 1,000 beef cattle, 715 dairy cows, or 200,000 chickens, operate in Wisconsin. The ruling ensures the continued application of stringent regulations to balance environmental conservation with agricultural interests.

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