Unprecedented Wisconsin Court Ruling Against CAFO Farm Shakes Regulatory Landscape
Source: The DairyNews
In a landmark decision this June, Wisconsin state authorities imposed a $210,000 court order on Mlsna Dairy Supply for operating without a permit, a rare regulatory action in the agricultural sector.
This Monroe County CAFO, which houses 2,500 milking cows and 2,200 heifers, had been functioning unpermitted since 2015, highlighting significant oversight challenges in the state's management of concentrated animal feeding operations (CAFOs).
Rainy conditions are preferred by inspectors fr om the state Department of Natural Resources (DNR) as they help reveal potential environmental violations, such as excess manure overflow that could lead to algae blooms and marine life deaths in nearby waters. A University of Wisconsin-River Falls study from 2021 estimated annual damages to surface water from each CAFO at over $200,000, yet enforcement actions like this are uncommon.
Jeffrey Hadachek, a UW-Madison agricultural economist, described the case as a milestone for state oversight in a sector wh ere 90% of American livestock is raised in operations housing over 1,000 animals each. "This sets a precedent, not only for the DNR but for the public in general that these are cases which can be brought forward," Hadachek stated.
Phil Mlsna, owner of Mlsna Dairy Supply, countered by expressing difficulties in the permitting process and suggested that more cooperation and transparency are needed from the DNR. Despite these hurdles, Mlsna has invested $16 million in compliance measures, including a significant cleanup effort of the Little La Crosse River following a major flood in 2018.
Sara Walling from the environmental group Clean Wisconsin noted a significant evolution in farm management practices over recent decades, from an initial lack of understanding to robust regulatory compliance being commonplace today. However, she still sees challenges as farms expand, noting, "When eyes aren’t on you, it’s easy to cut corners."
Tyler Dix, who recently managed CAFO permits at the DNR, emphasized that while Mlsna Dairy Supply is an outlier, the vast majority of state CAFO operators adhere to regulations, with the state relying heavily on self-reporting by farmers and public reports for regulatory compliance.
As Wisconsin continues to add approximately five new CAFOs annually, the scrutiny and regulatory challenges are set to increase, particularly as operations like Ridge Breeze Dairy in Pierce County plan substantial expansions. This particular farm aims to increase its herd from 1,700 to 6,500 cows by 2025, raising concerns about water quality in the Rush River watershed.
Rainy conditions are preferred by inspectors fr om the state Department of Natural Resources (DNR) as they help reveal potential environmental violations, such as excess manure overflow that could lead to algae blooms and marine life deaths in nearby waters. A University of Wisconsin-River Falls study from 2021 estimated annual damages to surface water from each CAFO at over $200,000, yet enforcement actions like this are uncommon.
Jeffrey Hadachek, a UW-Madison agricultural economist, described the case as a milestone for state oversight in a sector wh ere 90% of American livestock is raised in operations housing over 1,000 animals each. "This sets a precedent, not only for the DNR but for the public in general that these are cases which can be brought forward," Hadachek stated.
Phil Mlsna, owner of Mlsna Dairy Supply, countered by expressing difficulties in the permitting process and suggested that more cooperation and transparency are needed from the DNR. Despite these hurdles, Mlsna has invested $16 million in compliance measures, including a significant cleanup effort of the Little La Crosse River following a major flood in 2018.
Sara Walling from the environmental group Clean Wisconsin noted a significant evolution in farm management practices over recent decades, from an initial lack of understanding to robust regulatory compliance being commonplace today. However, she still sees challenges as farms expand, noting, "When eyes aren’t on you, it’s easy to cut corners."
Tyler Dix, who recently managed CAFO permits at the DNR, emphasized that while Mlsna Dairy Supply is an outlier, the vast majority of state CAFO operators adhere to regulations, with the state relying heavily on self-reporting by farmers and public reports for regulatory compliance.
As Wisconsin continues to add approximately five new CAFOs annually, the scrutiny and regulatory challenges are set to increase, particularly as operations like Ridge Breeze Dairy in Pierce County plan substantial expansions. This particular farm aims to increase its herd from 1,700 to 6,500 cows by 2025, raising concerns about water quality in the Rush River watershed.
