Wisconsin Ag Connection - DBA Claims Victory in DNR Lawsuit

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DBA Claims Victory in DNR Lawsuit
Wisconsin Ag Connection - 10/20/2017

The Wisconsin-based dairy group that filed a lawsuit against the state's natrural resources department this summer for over-reaching its authority has claimed victory. Dairy Business Association President Mike North announced on Thursday that a settlement has been reached between the two parties, which he says will bring immediate relief for dairy farmers facing uncertainty and costly changes.

North says the DBA prevailed on the central claims of the suit that the DNR illegally changed rules for how farmers manage rainwater that comes into contact with feed storage and calf hutch areas.

"More than anything, this is a victory for the rule of law," North said in a statement. "The DNR or other state agencies can't make up the rules as they go along. There is a process that must be followed, and that process promotes public participation, legislative oversight and transparency. That is good for everyone."

In reaching the deal, the DNR admitted that it overreached its legal authority and vowed to follow the proper rulemaking process going forward. The agency also agreed to rescind the blanket change in standards for vegetative treatment areas and calf hutches.

The group agreed to drop a third claim related to a large farm's duty to apply for a permit. The association had argued in the lawsuit that the DNR was contradicting a state law by exceeding federal standards that require a specific type of permit only if the farm discharges nutrients to a navigable surface water.

When the DBA first filed the suit on July 31, they claimed that about 100 members of its group have been impacted by the new policy.

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