For now, Wisconsin will avoid costly requirements to meet air quality standards for ozone pollution in parts of southeastern Wisconsin under a recent federal appeals court order.
The Wisconsin Department of Natural Resources and Department of Health Services issued the new consumption advisories Thursday that take effect immediately.
A Wisconsin man is among employees fired by the Environmental Protection Agency in recent days after signing a letter opposing the Trump administrationβs policies.
Great Lakes states should take steps to protect water resources from increasing demand from data centers and other industries, according to a new report.
As people head to the water this Labor Day weekend, Wisconsin environmental and health regulators are urging them to avoid swimming in scummy or smelly water.
An audit has confirmed the stateβs fish and wildlife account is seeing a shortfall in revenues without budgetary transfers to make the account whole.
State environmental regulators can require large livestock farms to obtain permits that seek to prevent manure spills and protect state waters, a state appeals court has ruled.Β
Last year, a Calumet County judgeΒ ruled in favorΒ of the Wisconsin Department of Natural Resources in a case challenging the agencyβs authority to require permits for concentrated animal feeding operations or CAFOs. Those farms have at least 1,000 animal units or the equivalent of 700 milking cows.
In 2023, the WMC Litigation CenterΒ suedΒ the DNR on behalf of the Wisconsin Dairy Alliance and Venture Dairy Cooperative. They argued that agency rules that require CAFO permits and regulate stormwater runoff from farms canβt be legally enforced because theyβre inconsistent with state and federal law.
In aΒ decisionΒ Wednesday, a three-judge panel upheld the lower courtβs decision.
βBecause we conclude the two challenged rules do not conflict with state statutes and do not exceed the DNRβs statutory authority, we affirm the circuit courtβs order granting summary judgment in favor of the DNR,β the panel wrote.
A DNR spokesperson said itβs reviewing the decision and unable to comment further at this time.
An attorney for farm groups had argued the DNR canβt go beyond federal requirements under state law, adding that state and federal laws exempt farms from regulation of their stormwater runoff.
Federal appeals court rulings inΒ 2005Β andΒ 2011Β found the Clean Water Act doesnβt allow the Environmental Protection Agency to require CAFOs to get wastewater discharge permits until they actually release waste into waterways. The three-judge panel noted state permitting programs may impose more stringent requirements than the EPAβs permitting program.
In a joint statement, Wisconsin Dairy Alliance and Venture Dairy Cooperative said the decision is disappointing for Wisconsinβs ag community.
βWe believe that there is no place for bad actors and that polluters should face penalties, but this case had nothing to do with weakening environmental laws. Our sole mission in challenging the DNRβs authority was to ensure that Wisconsin farmers are held to standards consistent with federal law,β the groups wrote.
βWe continue to believe that a βpresumption of guiltβ runs contrary to the very fundamentals of the American justice system. We are disappointed with todayβs outcome and will continue to fight for Wisconsin farmers regardless of the size of their farm,β the groups continued.
The ruling affects the stateβsΒ 344 CAFOs. Under permits, large farms mustΒ take steps to prevent manure spills and runoffΒ that include developing response plans, nutrient management plans and restricting manure spreading when thereβs high risk of runoff from storms.
Midwest Environmental Advocates is among environmental groups that intervened in the case. They said the legal challenge could have severely limited the DNRβs ability to protect state waters from manure pollution, noting CAFOs can house thousands of cows that produce more waste than small cities.
Adam Voskuil, an MEA attorney, said the ruling affirms environmental regulations.
βWeβre continuing to protect water resources in the state, and (itβs) a prevention of rolling back really important, necessary regulations,β Voskuil said.
Without them, Voskuil said the DNR would be responsible for proving whether each individual CAFO has discharged pollutants to surface water or groundwater. He said itβs likely the agency wouldnβt have the resources to do that work, meaning many farms wouldnβt be permitted or taking required steps to prevent pollution.
Darin Von Ruden, president of the Wisconsin Farmers Union, said there has to be oversight of any industry.
βThere needs to be some kind of authority that can call out the bad actors and make sure our water supply is safe,β Von Ruden said.
The Wisconsin Department of Justice has been defending DNR in the case. Wisconsin Attorney General Josh Kaul has previously said the state should be strengthening protections for state waterways, not weakening them.
Manure has been linked to nitrate contamination of private wells. Nitrate contamination can lead to blue-baby syndrome, thyroid disease and colon cancer. AroundΒ 90 percentΒ of nitrate in groundwater can be traced back to agriculture.
The lawsuit is not the first to challenge DNRβs authority to require permits for CAFOs. In 2017, the Dairy Business AssociationΒ suedΒ the agency in part over its permit requirements, dropping that claim as part of aΒ settlementΒ with the DNR. Large farms have also challenged the agencyβs authority to impose permit conditions on their operations. In 2021, the Wisconsin Supreme CourtΒ ruledΒ the DNR had authority to impose permit requirements on large farms to protect water quality.
A Wisconsin appeals court has ruled that state environmental regulators can require large livestock farms to obtain permits that seek to prevent manure spills and protect state waters.Β
Wisconsin Democratic lawmakers are introducing a bill to reauthorize the stateβs land purchase program at $72 million annually over the next six years and create a board to oversee spending on conservation projects.
A group of 15 young people in Wisconsin is challenging state laws that they say worsen the climate crisis and violate their constitutional rights following a landmark climate ruling in Montana.
A Bayfield County man who faced almost 60 charges for keeping horses in βatrociousβ conditions will spend 30 days in jail and receive one year of probation.
An advocate for industrial ratepayers said American Transmission Companyβs rates that cover the cost of building and maintaining transmission lines are rising faster than inflation.
Exploration for metallic mines is fairly rare. But, in Taylor County, mining company Green Light Wisconsin is drilling for copper and gold. Such metals havenβt been mined in Wisconsin for almost 30 years, but that could change. As drilling is ongoing, Wisconsin tribes and environmentalists are worried about potential harm to water, wetlands and cultural sites.
The head of the policymaking board for the Wisconsin Department of Natural Resources said the agency has been facing a βslow, insidious loss of resourcesβ thatβs resulted in the loss of hundreds of positions over more than two decades.
As ATV/UTV crashes are on the rise, the policy-making board for the state Department of Natural Resources on Wednesday discussed loopholes in the law that are affecting safety.
The Bad River tribe and environmental groups are urging an administrative law judge to overturn key permits for Canadian energy firm Enbridge as it seeks to reroute an oil and gas pipeline around the tribeβs reservation.
A group of residents want a judge to require a Portage County farm to conduct more protective groundwater monitoring, saying a settlement reached between the farm and state regulators weakened oversight.
A federal judge has ruled in favor of more than 50 homeowners and the town of Lac du Flambeau in a longstanding dispute with the Lac du Flambeau tribe about access to roads crossing tribal lands.