The 2nd District Court of Appeals unanimously found the Department of Natural Resources has “explicit” authority to subject large farms to wastewater permit requirements intended to protect water quality.

The three judges who issued yesterday’s decision to uphold Calumet County Judge Carey Reed’s 2024 ruling rejected Wisconsin Manufacturers & Commerce’s arguments. The group sought to challenge the regulations through a lawsuit against DNR filed on behalf of the Wisconsin Dairy Alliance and Venture Dairy Cooperative.

WMC had argued DNR can’t require large concentrated animal feeding operations, known as CAFOs, to obtain wastewater permits before they discharge a pollutant to navigable waters. Environmental groups have asserted the permit requirements help promote water quality and prote

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