By Blake Jackson
The Wisconsin Court of Appeals has upheld a significant ruling that safeguards the state’s water resources. The decision rejected a lawsuit brought by the Wisconsin Dairy Alliance (WDA) and Venture Dairy Co-Op, organizations representing some of the state’s largest dairy producers.
The case had sought to weaken Wisconsin’s water pollution permitting program, which is designed to prevent untreated animal waste from contaminating waterways and drinking water.
The lawsuit challenged the authority of the Department of Natural Resources (DNR), which oversees how concentrated animal feeding operations (CAFOs) manage manure and wastewater. These permits are a key tool for controlling discharges that could harm both the environment and public health.
"The Court agreed with Clean Wisconsin and the Department that DNR has clear authority to require all large CAFOs to have water pollution control permits and dismissed this misguided lawsuit,” said Clean Wisconsin attorney Evan Feinauer.
“This ruling is critical because it preserves the DNR's ability to address water pollution that can be caused by these facilities, at a time when many surface and groundwaters around the state are contaminated with animal waste."
Animal waste remains one of the most pressing threats to clean water in Wisconsin, often carrying nitrates, phosphorus, and pathogens like bacteria, parasites, and viruses.
Clean Wisconsin and the Wisconsin Farmers Union, represented by Midwest Environmental Advocates, intervened in the case to defend the permitting system and the wellbeing of rural communities.
“These large operations can produce as much waste as a small city, and the state must be able to monitor and control how, where, and in what quantities manure is stored and spread on the landscape. That’s why for nearly 40 years, the DNR has required large CAFOs to have permits to limit this dangerous pollution. Allowing large dairies to sidestep oversight would have been catastrophic for water protection in our state,” added Feinauer.
The permitting program continues to help dairies adopt best practices that minimize manure runoff and reduce pollution, reinforcing Wisconsin’s commitment to protecting its water resources.
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Categories: Wisconsin, Government & Policy