State’s high court decides DNR can limit animals, wells

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The Wisconsin Supreme Court says the Department of Natural Resources (DNR) can take steps to protect public resources in a recent decision regarding the protection of groundwater, according to a Wisconsin State Journal report. The decision could have far-reaching implications for state government powers in regard to protecting protect public resources without explicit permission from politicians.

A pair of opinions were issued involving two cases at the court. One hinged on whether the DNR can limit the number of animals and require groundwater monitoring at a dairy as conditions of a permit. The other case involved DNR permits allowing large-scale withdrawals of groundwater by farm operations in places where experts say doing so would put drinking water at risk along with other ill effects.

Despite a 2011 law that prohibits state agencies from taking any actions not explicitly authorized by the Legislature, the court ruled that the DNR has the authority to consider the environmental impact of wells and to limit the number of animals on a farm. 

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