Wisconsin dairy CAFO (Photo courtesy of Wisconsin DNR)

Two environmental advocacy groups want a review of the wastewater permit issued by the Wisconsin Department of Natural Resources to a Kewaunee County large concentrated animal feeding operation (CAFO).

The Midwest Environmental Advocates and Environmental Law and Policy Center filed a petition asking for the review, saying it was needed to address the “DNR’s failure to include necessary conditions to fulfill its duty to restore and maintain the chemical, physical, and biological integrity of the waters of the state” when it granted the permit. 

In 2021, the Wisconsin Supreme Court ruled the DNR had the authority to impose stricter regulations on CAFOs, including requiring operators to monitor for groundwater pollution and limiting the number of animals that can be housed to protect water quality. The agency has since faced some push back when it comes to its ability to regulate.

“This case is about making sure CAFOs are held accountable to Wisconsin’s environmental laws by a DNR that isn’t afraid to exercise its authority,” Midwest Environmental Advocates Staff Attorney Adam Voskuil said in a statement. 

The permit in question was granted to Pagels Ponderosa, one of the largest dairy farms in Wisconsin with over 11,000 cows, in August.

The two environmental advocacy groups are representing the Clean Water Action Council of Northeast Wisconsin, Friends of the Forestville Dam and a Kewaunee County resident whose private drinking water well has been contaminated by nitrates. According to the petition, the groups are concerned about the impact of Pagels Ponderosa’s manure management practices on the health of their families, drinking water and the lakes, rivers and streams in the area.

Pagels Ponderosa’s cows, according to the petition, are housed in separate facilities located within five miles of one another located close to Kewaunee River. The facilities generate over 100,000,000 gallons of manure annually, and the fields where the CAFO spreads the manure are in a part of the state that is susceptible to groundwater contamination, the petition states. 

“Before the final permit was issued, many community members who participated in the DNR’s public hearing process expressed concerns about the impact of Pagels’ manure spreading practices on our groundwater and surface water,” Christine Reid, of Friends of the Forestville Dam, said in a statement. “But the DNR ignored our concerns and approved the permit without any meaningful changes to protect our water resources.”