Judge: DNR Must Regulate Large-Scale Dairy Farm

A Dane County judge has ruled in favor of environmental groups and against the state Department of Natural Resources, saying the agency must reinstate regulations of Kinnard Farms, a large-scale dairy operation in Kewaunee County. The area has been at the center of debate over the impact of industrial farming on groundwater.

Kinnard Farms initiated a request for state approval to increase its herd by more than 1,000 cows in 2012. The case is part of an ongoing dispute over the regulatory power of state agencies. DNR officials and state Attorney General Brad Schimel contend a 2011 state law prevents the agency from placing certain caps or monitoring requirements on farm permits.

DNR Secretary Cathy Stepp sought advice from Schimel on the question last year. This May, he issued a similar opinion regarding regulation of high-capacity wells, saying agencies do not have the power to regulate, unless such powers are explicitly outlined in state law.

The environmental groups bringing the suit disagree.