To our members: It's time to cut through CAFO uncertainty, chart new course

By Amy Penterman, Dairy Business Association president

A recent decision by the Wisconsin Supreme Court has added new uncertainty to what might be expected of permitted farms in our state.

I want you to know that DBA is working to cut through that uncertainty and, more broadly, to chart a new course for the CAFO program. 

The court case centered on whether the Department of Natural Resources could impose an animal unit cap on a CAFO and require a farm to dig groundwater monitoring wells at manure application sites. The court ruled that the DNR did have that kind of authority.  

In the wake of the decision, we organized a meeting between the DNR and agricultural stakeholders to discuss what it might mean for our larger farms. While we don’t yet have the full picture, we learned that the DNR will not be trying to alter all the CAFO permits in the state in some wholesale fashion. We also plan to continue to work with the department to make sure officials understand farmers’ concerns and that we know what the next steps will be.

The uncertainty the court’s decision has caused does not help those trying to encourage farmers to stay and grow in Wisconsin.

For years, we have seen investments in dairy farms stagnate. At the same time, farms and processors have been growing elsewhere. DBA has been very vocal about the threats Wisconsin must confront to keep its most progressive farms in the state and attract new ones as well. 

Regulations and associated costs are a big part of why farmers are choosing to invest elsewhere. Improving the regulatory environment does not mean a lack of rules. Rather, we simply want regulations to be implemented more thoughtfully and efficiently. That is why DBA has long advocated for things like the assured engineering program, which would allow new permits and renewals to be issued more quickly. 

There has never been a more important time for us to reexamine how farm permitting could be changed. DBA is proactively working to build consensus among the farming community, DNR, environmental groups and others about a path forward. All of us want a better and more functional CAFO program. This may seem like a lofty goal, but we have seen that merely trying to deflect or litigate our way out of regulatory challenges has not been successful either. 

DBA is taking a comprehensive approach, including empowering farmers and conservation groups to drive on-farm environmental improvement. With that comes a changed expectation and narrative, and fewer unrealistic and ineffective regulations. A nationally recognized sustainability project we support in southwestern Wisconsin is a prime example. The farmer-led project showed improvements to water quality, greenhouse gas emissions and other factors in its very first year. Farmers need to drive solutions, not Madison.

You might hear some people promote overnight fixes to the regulatory issues. But there are no easy or straightforward solutions. It’s clear that doing more of the same when it comes to the CAFO program is unlikely to produce different results. This is why DBA is looking to chart a new course to provide better and longer-lasting results. I encourage you to play a role in this work. Please reach out to our government affairs director, John Holevoet, at  jholevoet@dairyforward.com. 

In all of this, also please be assured that DBA will continue to stand up for you, every time, as we move our dairy community forward in sensible and sustainable ways.