Photo by Gregory Conniff for Wisconsin Examiner

Wisconsin farms applied about 16 million pounds more nitrogen than necessary to their fields in 2022, according to a recently released report from Clean Wisconsin and Alliance for the Great Lakes. 

The excess application of fertilizer poses serious risks to public health, raises costs for people who get their water from public utilities or private wells and increases costs for farmers, the report found. 

Throughout the report, the environmental groups included input from residents who have had their health and wallets affected by nitrate pollution. 

“I own a daycare center, and the mental toll of just staying in business because I did not cause the contamination of my well and yet am expected to solve the problem is exhausting…” Kewaunee County resident Lisa Cochart says in the report. “This could put me out of business. I work hard to provide my community with a service that assures that each child is receiving the best care and it can be shut down because of a nitrate test that I cannot control.”

The report makes a number of recommendations to better track the amount of nitrogen spread on Wisconsin’s fields and in Wisconsin’s water systems while better enforcing regulations meant to protect drinking water. But agricultural industry representatives have said the report places too much burden on farmers — even though agriculture produces up to 90% of the nitrogen in the state’s groundwater. 

“Wisconsin cannot afford to delay. The cost of inaction — both financial and human — is rising,” the report states. “A coordinated, science-based policy response is essential to reduce nitrate pollution at its source, protect public health and ecosystems, and ensure clean, safe drinking water for future generations.”

The report recommends tougher state standards for nitrates, improved enforcement of nutrient management plans on individual farms, creating a statewide registration system for manure haulers and requiring regular groundwater monitoring for factory farms. It also proposes collecting data on the cost of nitrogen contamination to public water systems, expanding the state’s existing private well compensation program and increasing the state’s nitrogen fertilizer tonnage fees.

While the report’s recommendations are aimed at a wide range of policy areas and farming is the major source of nitrogen contamination, dairy industry representatives have pushed back on its findings. Tim Trotter, CEO of the Dairy Business Association, told Wisconsin Public Radio farmers are already doing enough voluntarily to address the problem. 

“Our work with solutions-minded environmental groups and other stakeholders through a statewide clean water initiative has resulted in tailored changes to programs and policies that open up more opportunities for on-farm innovation that addresses this important issue,” Trotter said. “Reports like this one do little to bring practical, achievable solutions to water quality challenges, and can be counterproductive to progress.”

In the past, the Dairy Business Association has sued state regulators to weaken the state’s ability to regulate pollution sources such as runoff. 

The report states that the state Legislature and the courts have limited the authorities of state agencies, including the Department of Natural Resources and Department of Agriculture, Trade and Consumer Protection, preventing them from doing all that is necessary to manage the contamination. 

“Because Wisconsin administrative agencies have been severely limited in their ability to establish new regulations, they have relied heavily on voluntary incentives, such as cost-sharing and price supports to incentivize farmers to implement conservation measures,” the report states. “However, it is clear that these voluntary incentives alone aren’t enough to solve Wisconsin’s nitrate problems.”

The report also found that in applying more nitrogen fertilizer than necessary, Wisconsin’s farmers are spending $8-$11 million more each year than they need to — “dollars that could be saved with more precise application.” 

More than one-third of the state’s residents get their drinking water from private wells, which are especially susceptible to nitrate contamination. The report recommends expanding the well compensation program, but adds that is just a band-aid solution. 

The program also limits participation to residents making less than $60,000 per year and includes a number of requirements that further restrict who is eligible, even if their wells exceed the state’s nitrate standard of 10 milligrams per liter, according to the report.  

Instead, the report argues, the state needs to better work to keep nitrates out of the groundwater in the first place. 

“Well compensation programs, while vital for near-term relief, are ultimately a stopgap,” the report states. “They do not address the root cause of nitrate pollution. Without stronger upstream controls on nitrate pollution, more families will face the high cost and growing scarcity of access to safe drinking water.”

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Photo courtesy Grassroots Organizing Western Wisconsin (GROWW)

Over the past two years, I’ve had the privilege of standing with people in western Wisconsin who are fighting for the health and wellbeing of our communities. Hundreds of people have turned out at community meetings, rallies and local government meetings to voice their opposition to the proposed expansion of one of the largest factory farms in the region. 

In May, 100 people showed up to get organized in support of a legal challenge against Ridge Breeze Dairy’s permit to spread 80 million gallons of manure across western Wisconsin. Another 100 people showed up in the town of Maiden Rock to support the passage of an operations ordinance aimed at protecting local health and property values. Over 400 people registered for a DNR public hearing last year to show their opposition to the expansion.

These actions represent a growing unity and commitment to safeguarding clean water, clean air and the small farms that are threatened by Breeze’s expansion. That kind of unity drives action. It inspired the Maiden Rock town board’s unanimous vote to pass its operations ordinance in December 2024. And it’s inspired many more towns that have started studying and drafting ordinances of their own. 

For the last two years, Grassroots Organizing Western Wisconsin (GROWW) has played a key role in bringing together ordinary people and small farmers to pass local ordinances to protect our homes. People across the region are holding strong as corporate mega-dairies try to take over our agricultural landscape. 

But powerful special interests are trying to prevent local leaders from taking action to protect our communities. Venture Dairy, a lobbying group representing industrial dairy interests, strongly supports Ridge Breeze Dairy’s $35 million plan to expand from 1,700 to 6,500 cows and has attempted to intimidate towns and counties looking to protect their land, water and roads from the impacts of industrial agriculture. 

In 2020, for instance, leaders at Venture Dairy falsely told Polk County supervisors that they would be committing a felony if they voted for a moratorium on factory farm expansions. The Wisconsin Counties Association’s general counsel wrote a letter publicly refuting this ridiculous claim. More recently, officials in towns like Pepin, Gilman and Rock Elm have been subjected to similar intimidation tactics and disinformation regarding the regulation of industrial dairy farms.

The truth is that, thanks to the efforts of industry lobbyists whittling down and undermining state rules and enforcement, oversight of large-scale livestock operations in Wisconsin has been stretched thin. With more than 330 factory farms across Wisconsin, our communities have largely been left to fill the gap. 

But that’s still too much for Venture Dairy. They were recently behind a lawsuit challenging Wisconsin’s authority to protect water quality. If they had gotten their way, there would be no DNR regulations for hundreds of factory farms across the state. Last month, that lawsuit was rejected unanimously by an appeals court.

Venture Dairy’s founding members include Todd Tuls, former owner of the Emerald Sky Dairy in St Croix County. In Emerald, the town well – only half-a-mile away from the facility – has nitrate levels that have reached as high as six times the Safe Drinking Water standards. Emerald Sky had a 300,000-gallon manure spill in 2016 that went unreported for months before a neighbor notified the state. Emerald Sky has since been sold to Breeze Dairy Group, owners of Ridge Breeze Dairy in Pierce County. 

Despite these challenges, people in western Wisconsin are making real progress. In the face of industry opposition, we are successfully organizing to fight the corporate consolidation of the agriculture industry. Our community organizing resulted in the DNR recently removing 2,000 acres from Ridge Breeze’s manure spreading plan due to risks to groundwater and surface water that we identified. If not for our comments provided in the public hearing process, those acres very likely would have been rubber stamped. Last year, we identified hundreds of acres of land that had been listed on Ridge Breeze’s plan for manure spreading without permission from landowners. Due to our organizing and public pressure at a public hearing, we were able to get that land removed and require Ridge Breeze to submit affidavits attesting to the fact that they have permission to spread on the land listed on their plan. Unfortunately, these affidavits have not worked, and people have continued to come forward to remove their land. 

Recognizing the holes in state regulations, we organized to pass local ordinances like the operations ordinance in the town of Maiden Rock, which was passed last year and protects the town residents from the risks of factory farms. That organizing is now reverberating through the region, with people in western Wisconsin and beyond going to town board meetings with their neighbors to create the change they need to protect their homes. Just this week, 75 neighbors gathered in the town of Isabelle for a public hearing on an operations ordinance drafted by their town board. Those neighbors were united in their support for clean water, clean air and local control.

Regular people have decided the future of rural Wisconsin is worth fighting for, but the only way to change the path we’re on is to get organized. It’s time to join together with your neighbors who share your vision for your community and make a plan to bring change. The future of our rural communities depends on it.

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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.

Hydrogen has the potential to be a climate-friendly fuel since it doesn’t release carbon dioxide when used as an energy source. Currently, however, most methods for producing hydrogen involve fossil fuels, making hydrogen less of a “green” fuel over its entire life cycle.

A new process developed by MIT engineers could significantly shrink the carbon footprint associated with making hydrogen.

Last year, the team reported that they could produce hydrogen gas by combining seawater, recycled soda cans, and caffeine. The question then was whether the benchtop process could be applied at an industrial scale, and at what environmental cost.

Now, the researchers have carried out a “cradle-to-grave” life cycle assessment, taking into account every step in the process at an industrial scale. For instance, the team calculated the carbon emissions associated with acquiring and processing aluminum, reacting it with seawater to produce hydrogen, and transporting the fuel to gas stations, where drivers could tap into hydrogen tanks to power engines or fuel cell cars. They found that, from end to end, the new process could generate a fraction of the carbon emissions that is associated with conventional hydrogen production.

In a study appearing today in Cell Reports Sustainability, the team reports that for every kilogram of hydrogen produced, the process would generate 1.45 kilograms of carbon dioxide over its entire life cycle. In comparison, fossil-fuel-based processes emit 11 kilograms of carbon dioxide per kilogram of hydrogen generated.

The low-carbon footprint is on par with other proposed “green hydrogen” technologies, such as those powered by solar and wind energy.

“We’re in the ballpark of green hydrogen,” says lead author Aly Kombargi PhD ’25, who graduated this spring from MIT with a doctorate in mechanical engineering. “This work highlights aluminum’s potential as a clean energy source and offers a scalable pathway for low-emission hydrogen deployment in transportation and remote energy systems.”

The study’s MIT co-authors are Brooke Bao, Enoch Ellis, and professor of mechanical engineering Douglas Hart.

Gas bubble

Dropping an aluminum can in water won’t normally cause much of a chemical reaction. That’s because when aluminum is exposed to oxygen, it instantly forms a shield-like layer. Without this layer, aluminum exists in its pure form and can readily react when mixed with water. The reaction that occurs involves aluminum atoms that efficiently break up molecules of water, producing aluminum oxide and pure hydrogen. And it doesn’t take much of the metal to bubble up a significant amount of the gas.

“One of the main benefits of using aluminum is the energy density per unit volume,” Kombargi says. “With a very small amount of aluminum fuel, you can conceivably supply much of the power for a hydrogen-fueled vehicle.”

Last year, he and Hart developed a recipe for aluminum-based hydrogen production. They found they could puncture aluminum’s natural shield by treating it with a small amount of gallium-indium, which is a rare-metal alloy that effectively scrubs aluminum into its pure form. The researchers then mixed pellets of pure aluminum with seawater and observed that the reaction produced pure hydrogen. What’s more, the salt in the water helped to precipitate gallium-indium, which the team could subsequently recover and reuse to generate more hydrogen, in a cost-saving, sustainable cycle.

“We were explaining the science of this process in conferences, and the questions we would get were, ‘How much does this cost?’ and, ‘What’s its carbon footprint?’” Kombargi says. “So we wanted to look at the process in a comprehensive way.”

A sustainable cycle

For their new study, Kombargi and his colleagues carried out a life cycle assessment to estimate the environmental impact of aluminum-based hydrogen production, at every step of the process, from sourcing the aluminum to transporting the hydrogen after production. They set out to calculate the amount of carbon associated with generating 1 kilogram of hydrogen — an amount that they chose as a practical, consumer-level illustration.

“With a hydrogen fuel cell car using 1 kilogram of hydrogen, you can go between 60 to 100 kilometers, depending on the efficiency of the fuel cell,” Kombargi notes.

They performed the analysis using Earthster — an online life cycle assessment tool that draws data from a large repository of products and processes and their associated carbon emissions. The team considered a number of scenarios to produce hydrogen using aluminum, from starting with “primary” aluminum mined from the Earth, versus “secondary” aluminum that is recycled from soda cans and other products, and using various methods to transport the aluminum and hydrogen.

After running life cycle assessments for about a dozen scenarios, the team identified one scenario with the lowest carbon footprint. This scenario centers on recycled aluminum — a source that saves a significant amount of emissions compared with mining aluminum — and seawater — a natural resource that also saves money by recovering gallium-indium. They found that this scenario, from start to finish, would generate about 1.45 kilograms of carbon dioxide for every kilogram of hydrogen produced. The cost of the fuel produced, they calculated, would be about $9 per kilogram, which is comparable to the price of hydrogen that would be generated with other green technologies such as wind and solar energy.

The researchers envision that if the low-carbon process were ramped up to a commercial scale, it would look something like this: The production chain would start with scrap aluminum sourced from a recycling center. The aluminum would be shredded into pellets and treated with gallium-indium. Then, drivers could transport the pretreated pellets as aluminum “fuel,” rather than directly transporting hydrogen, which is potentially volatile. The pellets would be transported to a fuel station that ideally would be situated near a source of seawater, which could then be mixed with the aluminum, on demand, to produce hydrogen. A consumer could then directly pump the gas into a car with either an internal combustion engine or a fuel cell.

The entire process does produce an aluminum-based byproduct, boehmite, which is a mineral that is commonly used in fabricating semiconductors, electronic elements, and a number of industrial products. Kombargi says that if this byproduct were recovered after hydrogen production, it could be sold to manufacturers, further bringing down the cost of the process as a whole.

“There are a lot of things to consider,” Kombargi says. “But the process works, which is the most exciting part. And we show that it can be environmentally sustainable.”

The group is continuing to develop the process. They recently designed a small reactor, about the size of a water bottle, that takes in aluminum pellets and seawater to generate hydrogen, enough to power an electric bike for several hours. They previously demonstrated that the process can produce enough hydrogen to fuel a small car. The team is also exploring underwater applications, and are designing a hydrogen reactor that would take in surrounding seawater to power a small boat or underwater vehicle.

This research was supported, in part, by the MIT Portugal Program.

© Credit: Courtesy of the researchers

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