A family dairy farm in Wisconsin has won a legal battle and can expand its operation responsibly. This news release from the Dairy Business Association (DBA) says that after protracted litigation, Kinnard Farms is allowed to expand without changes to its facility designs or nutrient management plan.
The Kinnard brothers … now milk over 700 cows, which by law classifies their farm as a Concentrated Animal Feeding Operation (CAFO). This designation subjects Kinnard Farms to some of the most stringent regulations in the country and requires them to obtain a permit to continue operating.
In 2012, the Kinnard family sought to renew that permit and expand their farm again. The Department of Natural Resources (DNR) issued them a permit, but a handful of local residents challenged the permit with the assistance of the Midwest Environmental Advocates (MEA). In a decision issued last week, Administrative Law Judge Jeffrey Boldt ruled that the permit can stand with only minor changes. He found that MEA failed to meet its burden on most of the issues it raised.
“CAFOs like Kinnard Farms are far more regulated than other farms in Wisconsin,” explained Laurie Fischer, DBA’s Director of Dairy Policy. “Most farms are subject to much less regulation and they cannot be forced to comply unless they are given financial assistance from the state of Wisconsin. We are left with a small group CAFOs that must follow all kinds of regulation while the vast majority of farms aren’t being held to any standards,” Fischer continued. “The question is whether the public is willing to spend money to help farmers bring their environmental protections up to the level already observed by CAFOs.”
The court’s decision in the case shows just part of what Kinnard Farms is doing to protect the environment, particularly water quality. For example, the Kinnards proposed a vegetative treatment area that far exceeds state or federal standards to prevent runoff or nutrient leaching. Through careful nutrient management, they are also able to remove more phosphorus from the environment than they apply to fields.