Cows at a Dunn County dairy farm. (Henry Redman | Wisconsin Examiner)
A Polk County judge on Thursday dismissed a lawsuit from Wisconsin Manufacturers and Commerce, the state’s largest business lobby, challenging an ordinance enacted by the town of Eureka regulating how factory farms, known as Concentrated Animal Feeding Operations (CAFOs), operate.
Under the ordinance, CAFOs must establish plans for how they will deal with manure disposal, air pollution, road use and other effects of a large farm’s operations, before being allowed to open or expand within the town. Similar ordinances have been passed in eight towns and three counties — including the Pierce County town of Maiden Rock, which passed its ordinance last month.
While many of the state’s largest factory farms operate on the eastern side of the state in and around Kewaunee County, communities across western Wisconsin have been fighting the expansion of farming operations in the Driftless Region because of the effect CAFOs can have on smaller farms in the community, water quality and the environment.
“WMC’s lawsuit against Eureka is part of a three-prong strategy by this industry with one goal — no regulation,” Lisa Doerr, a Polk County farmer who helped develop Eureka’s ordinance, said in a statement. “They use lawsuits to intimidate local officials who pass legal ordinances. At the same time, they have a lawsuit challenging any state authority. Finally, their Madison lobbyists are pushing state legislators to ban all local control.”
WMC has filed a number of lawsuits in recent years challenging state authority to protect water quality. A lawsuit filed by the group in Calumet County challenged the state Department of Natural Resources’ authority to require CAFOs to obtain permits regulating their effect on local water supplies. A circuit court judge ruled against that effort last year, the ruling is pending in the state Court of Appeals.
Next week, the state Supreme Court will hear oral arguments in a case from WMC challenging the DNR’s ability to use the state’s toxic spills law to force polluters to clean up PFAS contamination.
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