The WMC Litigation Center filed this lawsuit in May 2023 on behalf of two organizations who represent dairy farmers. This lawsuit challenges two administrative rules that the Wisconsin Department of Natural Resources adopted. One rule requires certain livestock farms to have a Wisconsin Pollutant Discharge Elimination System (WPDES). This rule creates automatic liability for a livestock farm that does not have a WPDES permit, in addition to the statutory liability for any discharge without a permit. The other rule requires certain livestock farms to have a WPDES permit in order for any of their stormwater runoff to be exempt from regulation and liability. This lawsuit argues that both rules exceed DNR’s statutory authority.
The Calumet County Circuit Court upheld both rules, so the WMC Litigation Center filed an appeal. While this case was pending in the Wisconsin Court of Appeals, the intervenors filed a bypass petition in the Wisconsin Supreme Court.
