Environmental groups argue a federal permit issued for Enbridge’s Line 5 reroute is unlawful due to an ongoing legal challenge. Labor unions and business groups hailed the approval.

The post Opponents say Army Corps’ Line 5 approval violates the law, supporters hail the move appeared first on WPR.

Sludge and septage are spread across around half a million acres in Wisconsin, but most of it has never been tested for PFAS.

The post Sludge is used as fertilizer across Wisconsin. How much is tainted by PFAS? appeared first on WPR.

The Wisconsin DNR is proposing to reduce the commercial harvest on whitefish in Lake Michigan as the population has seen a dramatic decline.

The post DNR proposes limiting commercial whitefish harvest after steep population decline appeared first on WPR.

The U.S. Army Corps of Engineers issued a federal permit Wednesday to a Canadian energy firm that wants to reroute its oil and gas pipeline around a northern Wisconsin tribe’s reservation.

The post Army Corps of Engineers grants federal permit for Enbridge’s Line 5 reroute appeared first on WPR.

Federal staff, volunteers and projects are experiencing effects of the federal government shutdown on national scenic trails running through Wisconsin and the Apostle Islands National Lakeshore.

The post National scenic trails, Apostle Islands grapple with government shutdown appeared first on WPR.

The Great Lakes are seeing near record warm water temperatures right now, which means there’s a higher chance for lake effect snow when the weather turns cold.

The post Great Lakes seeing near-record warm waters this fall appeared first on WPR.

After first receiving approval two years ago, Wisconsin’s wolf harvest regulations are set to take effect in November.

The post Wolf harvest regulations will soon take effect as wolves face potential delisting appeared first on WPR.

As the weather grows colder, Wisconsin health officials are urging residents to get vaccinated for several respiratory illnesses, including COVID-19. The plea comes as people are facing more confusion and hurdles over getting a COVID shot.

The post Wisconsin health officials urge people to get vaccinated for respiratory illnesses appeared first on WPR.

For the first time in its history, the St. Croix Chippewa Indians of Wisconsin released lake sturgeon into Clam Lake as part of efforts to restore the ancient fish.

The post For the first time in its history, St. Croix Chippewa release sturgeon appeared first on WPR.

A new study on Lake Beulah in southeastern Wisconsin indicates that wake boats should operate in deeper waters and farther from the shore to reduce impacts to the lake bottom and shoreline.

The post Wake boats in shallow areas harm shoreline and bottom of Lake Beulah, study finds appeared first on WPR.

As temperatures rise and bobbers sink, it turns out anglers have a greater effect on fish populations than global warming, according to a new study led by the University of Wisconsin-Madison.

The post Fishing plays greater role on Midwest fish populations than warming, study finds appeared first on WPR.

Republican lawmakers say their bills to address PFAS would offer financial aid and protect innocent landowners from footing the bill for contamination they didn’t cause. But state regulators argue the proposals would still let polluters off the hook.

The post Wisconsin lawmakers, regulators clash over PFAS protections in GOP bills appeared first on WPR.

A large dairy with farms in Columbia and Dane counties is proposing to grow its herd by more than 60 percent in the next five years as part of plans to consolidate its two facilities into one location.

The post Dairy CAFO seeks to consolidate, grow herd by thousands in southern Wisconsin appeared first on WPR.

The city of Ashland is seeking outside input on potential new uses of the shuttered Northland College campus.

The post Northern Wisconsin city seeks redevelopment options for closed Northland College appeared first on WPR.

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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. 

Last year, a Calumet County judge ruled in favor of the Wisconsin Department of Natural Resources in a case challenging the agency’s 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 Center sued 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 can’t be legally enforced because they’re inconsistent with state and federal law.

In a decision Wednesday, a three-judge panel upheld the lower court’s decision.

“Because we conclude the two challenged rules do not conflict with state statutes and do not exceed the DNR’s statutory authority, we affirm the circuit court’s order granting summary judgment in favor of the DNR,” the panel wrote.

A DNR spokesperson said it’s reviewing the decision and unable to comment further at this time.

An attorney for farm groups had argued the DNR can’t 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 in 2005 and 2011 found the Clean Water Act doesn’t 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 EPA’s permitting program.

In a joint statement, Wisconsin Dairy Alliance and Venture Dairy Cooperative said the decision is disappointing for Wisconsin’s ag community.

“We 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 DNR’s authority was to ensure that Wisconsin farmers are held to standards consistent with federal law,” the groups wrote.

“We continue to believe that a ‘presumption of guilt’ runs contrary to the very fundamentals of the American justice system. We are disappointed with today’s outcome and will continue to fight for Wisconsin farmers regardless of the size of their farm,” the groups continued.

The ruling affects the state’s 344 CAFOs. Under permits, large farms must take steps to prevent manure spills and runoff that include developing response plans, nutrient management plans and restricting manure spreading when there’s 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 DNR’s 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.

“We’re continuing to protect water resources in the state, and (it’s) a prevention of rolling back really important, necessary regulations,” 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 it’s likely the agency wouldn’t have the resources to do that work, meaning many farms wouldn’t 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.

“There needs to be some kind of authority that can call out the bad actors and make sure our water supply is safe,” 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. Around 90 percent of nitrate in groundwater can be traced back to agriculture.

The lawsuit is not the first to challenge DNR’s authority to require permits for CAFOs. In 2017, the Dairy Business Association sued the agency in part over its permit requirements, dropping that claim as part of a settlement with the DNR. Large farms have also challenged the agency’s authority to impose permit conditions on their operations. In 2021, the Wisconsin Supreme Court ruled the DNR had authority to impose permit requirements on large farms to protect water quality.

This story was originally published by WPR.

Wisconsin DNR can require CAFO permits to protect water, appeals court rules is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.