Court of Appeals affirms DNR authority to require permits for factory farms

Two groups representing Wisconsin’s factory farms, known as Concentrated Animal Feeding Operations, filed the lawsuit in 2023, arguing that the state did not have the authority to require permits under the DNR’s Wisconsin Pollutant Discharge Elimination System (WPDES) program. The program requires any entity that discharges pollution into the state’s waterways to obtain a permit. 

The lobbying groups, Venture Dairy Cooperative and the Wisconsin Dairy Alliance, are themselves led by factory farm operators who have been cited by the DNR for contaminating the state’s water through manure spills. Wisconsin Manufacturers and Commerce, the state’s largest business lobby, has also been involved in the lawsuit...