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Supreme Court bars town from beefing up farm water rules

By DINESH RAMDE
Associated Press

Mike Larson rubs the nose of one of his 2,900 dairy cows at Larson Acres Inc. in the town of Magnolia recently. Wisconsin’s Supreme Court ruled Wednesday that the town cannot impose tougher water-quality standards on a livestock farm than the state requires. (AP File Photo/Dinesh Ramde)

MILWAUKEE (AP) – The Wisconsin Supreme Court ruled Wednesday that a rural town lacks the authority to impose tougher water-quality standards on a livestock farm than the state requires.

Magnolia, a community about 30 miles south of Madison, granted Larson Acres Inc. a permit in 2007 when it wanted to expand, but included a number of conditions because residents blamed it for polluting their water supply. The farm initially had 1,000 cows and now has about 2,900.

Among the conditions, the farm had to allow the town to conduct monthly water quality tests on its land, and it had to follow certain crop-rotation strategies to reduce nitrate buildup.

The farm sued, arguing that pollution-control measures are laid out by the state and can’t be modified by individual towns.

The state Supreme Court agreed, ruling that the town exceeded its authority by imposing additional measures.

The case has been watched by rural Midwest communities struggling to deal with the expansion of so-called factory farms. States throughout the farm belt have seen big farms get bigger as the agriculture industry continues to consolidate.

Similar cases have been filed in six other Midwestern states, but Wisconsin’s is believed to be the first to reach a state Supreme Court.

The lead plaintiff was Magnolia resident John Adams, who said he can’t see the nearly 3,000 cows on Larson Acres’ farm two miles from his home, but when the wind blows he can smell them.

The stench gives him and his wife headaches. They blame the farm for contaminating their air and polluting the groundwater well they use for drinking, bathing and watering their garden. They no longer feel safe eating the vegetables they grow.

“A township should have the right to establish guidelines to keep its people safe, but it doesn’t,” Adams said in September when the high court first heard arguments in the case. “Those of us who are being affected, it’s like there’s nothing we can do.”

At that September hearing, Larson Acres attorney Eric McLeod told the justices that a town could introduce its own water quality regulations, just not as part of the permit-granting process. For example, Magnolia could monitor drinking water for nitrates and then sue the farm if pollution levels rose above certain limits, he said.

Similar cases have been filed in Illinois, Indiana, Minnesota, Nebraska, Ohio and Oklahoma. Two juries in Missouri have handed out multimillion-dollar awards to homeowners who complained of intolerable odors from factory farms.

One comment

  1. Why should farmers be treated different as municipalities? People obviously do not know that when EPA implement the Clean Water Act, it used a test incorrectly and ignored 60% of the waste in sewage Congress intended to treat. Among the waste ignored was all the nitrogenous (urine and protein) waste, while this waste, besides exerting an oxygen demand (like fecal waste) also I all its forms is a fertilizer for algae, thus contributes to the dead zones we now experience in nearly all our open waters.
    Urine is an organic form of nitrogen, which will hydrolyze into ammonia and then is oxidized into nitrates, while in all its forms can be used as fertilizer. So while cities still do not require that this waste is treated, farmers have an additional problem, due to the reactive nitrogen in the atmosphere, due to the burning of fossil fuels and excessive use of synthetic fertilizer. This reactive nitrogen (among its forms nitrates) comes down when it rains and of course will be present when runoffs occur from farms and cities.
    All this unfortunately can’t even be discussed as nobody wants to admit that it all started by lack of understanding of an essential water pollution test developed around 1920 in England. Another problem caused by this test is that we still do not know how sewage is really treated and what the effluent waste load is on receiving water bodies, while also multi-million dollars sewage treatment plants still can be designed to treat the wrong waste.
    So if we are really serious about water quality, we should first demand that our regulatory program is based on science and that should start by demanding that this essential test be corrected. In addition, members of Congress should demand that EPA (40 years late) should implement the CWA as intended.
    You can help by clicking on and signing the petition: http://www.change.org/petitions/members-of-congress-demand-epa-correct-a-test-that-caused-the-failure-of-the-clean-water-act

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