Law Firm Suing Wisconsin DNR on Behalf of Dairy Groups

Tuesday, July 18th, 2023 -- 9:00 AM

(By Danielle Kaeding, Wisconsin Public Radio) A law firm with ties to the state's largest business lobby is suing the Wisconsin Department of Natural Resources on behalf of dairy groups. The suit targets rules requiring factory farms to obtain permits aimed at keeping manure out of waterways.

According to Danielle Kaeding with Wisconsin Public Radio, in May, the WMC Litigation Center filed the lawsuit in Calumet County Circuit Court on behalf of the Wisconsin Dairy Alliance and Venture Dairy Cooperative.

In Wisconsin, large farms known as concentrated animal feeding operations, or CAFOs, are required to get wastewater discharge permits, and must take certain steps to prevent manure from polluting water. Those include farms with 1,000 animal units or more, which is equal to 700 milking cows.

The lawsuit argues DNR rules unlawfully require the state's 336 CAFOs to obtain those permits. The dairy groups contend agency rules on CAFO discharges and agricultural stormwater runoff aren't consistent with state and federal law. They want a court to find the regulations can't be legally enforced.

Federal appeals court rulings in 2005 and 2011 found the Clean Water Act doesn't allow the Environmental Protection Agency to require CAFOs to get wastewater discharge permits until they actually release waste into waterways.

Rosenow argued the DNR can't exceed those federal requirements under state law. He also maintained an agency rule requiring permits for agricultural stormwater runoff conflicts with state and federal law that exempts such regulation.

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