Wisconsin regulators can impose operating conditions on factory farms and consider high-capacity wells' cumulative environmental impacts when deciding whether to grant permits, the state Supreme Court ruled Thursday.

Attorney General Josh Kaul has restored the state Department of Natural Resources' power to consider, when granting permits, whether high-capacity wells might drain area water bodies.

In what industry representatives hope is a sign of more good things to come, the Wisconsin Department of Natural Resources is streamlining its high-capacity-wells policies in response to Attorney General Brad Schimel’s May 10 formal opinion on 2011 Wis. Act 21’s limits on agency authority.

In a step likely to roll back the state’s ability to regulate high-capacity wells, Attorney General Brad Schimel has released an opinion finding the DNR cannot exercise authority that wasn’t explicitly granted it by state statute or rules.

Assembly Republicans asked Wisconsin's attorney general Tuesday for an opinion on the extent of state environmental officials' authority to regulate high-capacity water wells, a move that could resolve the debate without legislation as lawmakers rush to end their two-year session.

Wisconsin environmental officials can't impose groundwater monitoring requirements as a condition for high-capacity well permits, an Appleton judge has ruled in a decision that could have far-reaching effects on well construction across the state.

11-3369 Wehrs v. Wells

2011AP1547-CR State v. Wells

MADISON, Wis. (AP) — The state Supreme Court says the Department of Natural Resources must consider high-capacity wells’ impact on navigable waters if the agency has concrete evidence the wells could do harm. The ruling involves a 2005 DNR permit for a well in East Troy. Conservancy groups argue the DNR didn’t consider the impact on nearby Lake Beulah. An ...