Midwest Environmental Advocates is a nonprofit environmental law center that works for healthy water, air, land and government for this generation and the next. We believe that every citizen has the potential to make a difference.

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Dairy Business Association - DNR Settlement

— Clean Water Action Council, Milwaukee Riverkeeper, Friends of the Central Sands and the Wisconsin Wildlife Federation intervene in a lawsuit over DNR authority in CAFO pollution permitting.

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On November 17, 2017, Midwest Environmental Advocates filed a petition for judicial review and declaratory judgement in Milwaukee County Circuit Court challenging a settlement agreement that resulted from a lawsuit brought by the Dairy Business Association. We filed this action on behalf of Clean Water Action Council, Milwaukee Riverkeeper, Friends of the Central Sands, and the Wisconsin Wildlife Federation.

We initially tried to intervene in DBA's lawsuit against the Department of Natural Resources, but the case was settled before we could do so. We are now challenging the settlement agreement from that lawsuit. This case is about defending DNR's authority to protect water quality through the science-based application of state law to prevent pollution from CAFO vegetated treatment areas and calf hutches. The basis for the challenge is that the DBA-DNR settlement agreement changes DNR policy and rules, which DNR is only allowed to do through rulemaking procedures - not through agreements with special interest groups.

On January 16, 2018, DNR moved to dismiss the lawsuit, arguing that the DBA-DNR settlement agreement is not a policy or rule change. We responded and opposed DNR's motion at a hearing on Monday, March 19. At that hearing, the Milwaukee County Circuit Court Judge denied the motion to dismiss, agreeing with the public interest groups that their concerns warranted a judicial review of the DNR's quick settlement with DBA.

Case Summary

On Monday, October 2, 2017, on behalf of the Clean Water Action Council of Northeast Wisconsin, Milwaukee Riverkeeper and the Wisconsin Wildlife Federation, Midwest Environmental Advocates filed a joint motion to intervene in a Dairy Business Association lawsuit against the Wisconsin Department of Natural Resources) in Brown County Circuit Court. Clean Wisconsin and the Friends of the Central Sands joined the motion to intervene.

Midwest Environmental Advocates brings this action on behalf of these organizations and people across the state who have invested years of effort to hold the line on agricultural pollution and work with people all over the state who depend on clean water for drinking, fishing and recreation. People across Wisconsin – from Milwaukee to Kewaunee County – already face threats to their health, their lakes and streams, and cannot drink from private water wells. The DNR is in danger of taking a major step backward in environmental law enforcement in order to give in to dairy business lobbyists.

In the DBA v. DNR case, the state’s largest dairy business lobby attempted to abolish the heart of DNR’s water pollution permitting program for Wisconsin’s largest concentrated livestock feeding operations. These pollution permits include environmental protections that limit runoff from industrial-scale agricultural operations to streams and lakes, and the drinking water of families who depend on private wells.

The DBA’s lawsuit also targeted two DNR guidance documents that were created to prevent pollution to state waters from feed storage and calf hutch areas. Despite legal actions by DBA and some of its members, the DNR has clear authority under existing state law to use objective, science-based standards to protect the health of people and our environment from agricultural pollution.

On October 19, 2017, the Dairy Business Association and the Department of Natural Resources agreed on a settlement. By settling this lawsuit before citizens had the opportunity to intervene and be heard, the court didn’t have a chance to fully consider the DNR’s duty to protect our water and our health.