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Court: DNR can impose farm conditions, consider well impact - Associated Press

MADISON, Wis. (AP) — 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.

The decisions mark a major win for conservationists and clarify that the Department of Natural Resources has broad authority to protect Wisconsin’s waters.

Environmental groups had sued the DNR seeking stricter regulation of water pollution from factory farms and large-scale water withdrawals from high-capacity wells. The groups contend that the withdrawals are depleting lakes and groundwater in central Wisconsin.

Industry groups including Wisconsin Manufacturers and Commerce and the Dairy Business Association and Republican legislators countered that a 2011 state law that allows state agencies to take action only if statutes or administrative rules explicitly allow that action blocked the DNR from imposing conditions on factory farm operations and from considering a high-capacity well’s wider effects.

But the Supreme Court ruled 4-2 that the DNR has authority to impose conditions on farms. The justices also ruled 4-2 in a separate decision that the agency can consider cumulative impacts of high-capacity wells.

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Court: DNR can impose farm conditions, consider well impact - Associated Press
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