Two farm advocacy groups have alleged in a lawsuit that Wisconsin regulators can’t legally impose environmental regulations on factory farms before they become operational according to the Associated Press. The case could dramatically loosen protections against manure pollution in state waters.
Wisconsin Manufacturers and Commerce, the state’s largest business group, quietly filed the action in Calumet County Circuit Court in May on behalf of the Wisconsin Dairy Alliance, which advocates for factory farms, and the Venture Dairy Coop., which lobbies for farmers.
The farming industry and environmentalists have been locked in a fierce back-and-forth over the regulation of factory farms, defined as farms with at least 1,000 animal units. According to the state Department of Natural Resources, 262 such farms are currently permitted to operate in Wisconsin.
Conservationists say factory farms produce massive amounts of manure that contaminate groundwater, streams, and creeks. Industry advocates counter that regulations are too strict and stifle growth.
The battle came to a head two years ago when the Wisconsin Supreme Court ruled that the DNR can impose conditions on factory farms’ water pollution permits to protect the state’s waters. That decision would still stand if the current lawsuit is won but would have little practical effect.
The Wisconsin Dairy Alliance and Venture Dairy Coop. allege in their lawsuit 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 they actually discharge contaminants into navigable waters. Therefore, the DNR’s requirement that factory farms obtain permits before the fact is also invalid because it now conflicts with federal law, they argue.
