Legal action

Protecting Portage County Drinking Water from Agricultural Pollution

(Gordondale Farms Permit Challenge)

Portage County residents represented by MEA successfully challenged a wastewater discharge permit for one of Wisconsin’s biggest concentrated animal feeding operations. When the farm subsequently negotiated a backroom deal with state regulators that weakened the permit, MEA again took legal action to ensure government transparency and prevent the rollback of environmental oversight.

CASE SUMMARY

MEA Clients Successfully Challenge Gordondale Farms Permit (2020-2022)

Gordondale Farms is a concentrated animal feeding operation (CAFO) located near Nelsonville, WI. Groundwater in the area around Gordondale Farms is vulnerable to nitrate pollution due to the area’s sandy soils. In 2018, the Portage County Health Department tested private drinking water wells in Nelsonville and found that almost half were contaminated with high levels of nitrates. The ongoing water quality crisis has led local residents to call for increased accountability and oversight of large livestock operations like Gordondale Farms.

In 2020, a wastewater permit for Gordondale became the subject of a legal challenge because it did not do enough to protect local drinking water. The challenge was brought by a group of local residents represented by MEA. Clean Wisconsin also challenged the permit.

In April 2022, the DNR proposed modifying the permit to include the groundwater monitoring requirements our clients were asking for. The terms of the draft permit required Gordondale Farms to monitor groundwater near fields upgradient of Nelsonville. This modification is necessary because the recharge zone for Nelsonville’s drinking water includes fields on which the farm spreads its manure. Community members who attended a public hearing on the draft permit in May testified by a 10-to-1 margin in favor of DNR’s proposed changes. Those changes were then incorporated into the final permit.

Gordondale’s permit was the third CAFO permit to incorporate conditions and authority outlined in a landmark 2021 Supreme Court decision. The decision affirmed the DNR’s authority to use commonsense permit conditions such as groundwater monitoring and limits on herd size to address nitrate contamination and other threats to water quality.

DNR and Gordondale Negotiate Backroom Deal that Weakens Permit (2022-2023)

Rather than comply with the new commonsense groundwater monitoring requirements, Gordondale filed a legal challenge over the permit modifications. DNR and Gordondale then entered into closed-door negotiations. In September 2023, the DNR announced it had reached a settlement with Gordondale. The settlement significantly weakened provisions in the permit that required Gordondale to collect data about the impact of its manure spreading practices on the community’s water resources.

MEA Challenges Illegal Settlement and Permit Issuance (2024)

In June 2024, MEA filed a petition for a contested case hearing and a petition for judicial review on behalf of the farm’s neighbors. Shutting our clients out of the settlement process deprived our clients of their rights and served to perpetuate the ongoing drinking water crisis in their community. The petition for judicial review has been stayed pending the outcome of the contested case hearing.

Contested Case Hearing (2025)

A contested case hearing took place August 5-6, 2025. Groundwater experts and affected community members testified about water contamination in Nelsonville and the need to better monitor Gordondale’s manure spreading practices.

Decision of Administrative Law Judge (2026)

On January 7, 2026, Administrative Law Judge Angela Chaput Foy issued her decision. Although she acknowledged the extent of groundwater contamination in Nelsonville and the seriousness of the petitioners’ concerns, she nonetheless found that the petitioners had failed to show the terms of the permit were unreasonable.

For years, families in the Nelsonville area have raised serious concerns about the safety of their drinking water and the risks posed by large-scale agricultural operations. This ruling is a setback for their efforts to hold state regulators accountable.

At the same time, it is important to recognize that this case has helped drive meaningful changes on the ground. Portage County has installed groundwater monitoring wells that now provide far more detailed information about groundwater conditions in and around Nelsonville. That data will be critical for understanding contamination risks and informing future regulatory decisions.

In addition, Gordondale’s planned crop rotations going forward reflect a shift toward lower nitrogen-demand crops, which will reduce—but not eliminate—the risk of groundwater pollution. While this will not resolve the underlying concerns, it does represent a step toward more protective land management practices.

These developments are not ideal solutions, and they fall short of what the community has been asking for. But they are concrete improvements that likely would not have occurred without sustained engagement and advocacy from local residents and our clients.

20250805_094037 (1)

MEA Staff Attorney Adam Voskuil speaks with clients prior to the start of the contested case hearing on August 5 in Stevens Point.

News Related to this Case