Some northeast Wisconsin residents are challenging a wastewater permit issued by the state to a large dairy operation.

The Wisconsin Department of Natural Resources reissued the wastewater permit to Pagel's Ponderosa Dairy in August. Petitioners are now requesting the State Division of Hearings and Appeals to review the terms for water monitoring and limits on the number of animals.

Adam Voskquil, attorney for Midwest Environmental Advocates, said the DNR has the authority to protect communities.

"We've been pushing for a few years now to see them use that more often, and this is one of those instances where they didn't do enough," Voskquil contended.

A 2021 Supreme Court ruling allowed the DNR to include terms on groundwater monitoring and setting size limits on concentrated animal feeding operations. But with more than 330 of them across the state, Voskquil said the DNR has included the terms in only a handful of permits. A spokesperson for the agency said they cannot comment on ongoing litigation.

Pagel's Ponderosa Dairy owns about 20,000 animals between its two locations in Kewaunee County, and produces more than 100 million gallons of liquid manure it spreads across 10,000 acres of land. Voskquil argued the land is susceptible to contamination.

"Pagel's is kind of playing a shell game with transferring manure between their operations," Voskquil asserted. "There just needs to be some threshold, some limit, to the growth of this operation."

The DNR states concentrated animal feeding operations are required to spread manure on land set back from drinking water wells, sinkholes and fractured bedrock and cannot have any runoff to rivers and lakes, among other requirements.


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Farmers in North Dakota and the rest of the country are monitoring an evolving legal case against a giant equipment manufacturer and they said repair restrictions are not the only service headaches farmers encounter.

The Federal Trade Commission last week sued John Deere, accusing the company of an unfairly dominant market share. It said farmers have to rely on Deere's network of authorized dealers for necessary repairs, driving up costs and creating scheduling delays.

Mark Watne, president of the North Dakota Farmers Union, said he hopes the case brings out the facts in securing a resolution. He added the need for flexibility covers other ground, too.

"Items such as technology fees, and items such as, 'Well, you can only use this chemical with this seed, and it's got to be this brand,'" Watne outline. "Those things start to play out that we think are concerning."

He pointed out another area is transportation, where farmers might encounter vastly different price structures in getting their commodities shipped out, depending on the railway competition in various parts of the country. John Deere called the lawsuit "meritless," and said it plans to offer self-repair capabilities as farmers work with emerging technologies on tractors.

Watne acknowledged depending on the administration in the White House, they will see either aggressive or more lax approaches in confronting repair issues. He sees a long-standing pattern of laws being underutilized.

"There's really rules in place that have been there for 50 years or more that, through a number of administrations, haven't necessarily been enforced," Watne emphasized.

He admitted some of the progress seen in the Biden administration faces an uncertain future in the second term of President-elect Donald Trump, as some Trump appointees might prioritize certain fairness issues but could pass on other concerns voiced by smaller, independent farmers. Trump's selected appointee for FTC Chairman has been a vocal critic of the John Deere lawsuit.

The future looks promising for green energy and manufacturing in Appalachia, and states like West Virginia are slated to receive around $1 billion in federal investment since the passage of the Inflation Reduction Act, according to experts at ReImagine Appalachia's virtual strategy summit held earlier this week.

A Reimagine Appalachia report has found West Virginia and other Appalachian states are home to a higher-than-average share of manufacturing employment.

Jacob Hannah, CEO of Huntington-based nonprofit Coalfield Development, explained large manufacturing facilities are moving into the state, bringing new local jobs along with them.

"They're focused on localizing energy production at their sites," Hannah pointed out. "Because they consume a lot of energy and they're focused on workforce development because they need to hire a lot of folks and train a lot of folks."

Last year the Biden administration announced $475 million for projects in West Virginia and other states to boost clean energy development on current and former mine land. The funds will be used in Nicholas County to repurpose two former coal mines with utility-scale solar infrastructure, to power around 39,000 homes and create hundreds of construction jobs.

Solar development on degraded land and brownfields is expected to increase, along with use of residential solar. West Virginia's Office of Energy received $106 million last year from the Environmental Protection Agency's Solar for All
program to install solar panels on homes and reduce utility costs for low-income residents.

Mustafa Santiago Ali, executive vice president of the National Wildlife Federation, said continued federal investment is needed to help Appalachian residents build in healthy and thriving communities.

"We need to ensure communities without clean air and water, especially those suffering disproportionate environmental burdens from years of disinvestment and legacy pollution, get the funding and support that they need," Santiago Ali urged.

Green industries manufacturing alternatives to plastic including biodegradable and mycelium-based products are also on the horizon as potential regional economic drivers.


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Experts agree climate-smart agriculture will be critical in the fight against climate change. But with a divided Congress and no update to the Farm Bill since 2018, those who support New Mexico farmers are worried.

Sayrah Namaste, program co-director for the American Friends Service Committee, regularly meets with farmers who provide food to local schools. She said many tell her their mitigation efforts are outpaced and unlike the old days, they cannot ask experienced farmers for advice about such things as the best date to plant crops or when to expect the first frost.

"It's accelerating so fast that it's hard to even keep up with what they need to do," Namaste pointed out. "You know, it used to be you had guideposts, you had dates and it's not anymore. The climate is so chaotic that it's very hard to know, and that's just not happened for generations of farmers."

Congress was scheduled to update the 2018 Farm Bill in 2023, but a failure to agree on what's included delayed it to 2024 and now, again until next September. In addition to crop insurance, farm subsidies and U.S. Department of Agriculture conservation programs, the enormous farm bill includes the federal food stamp program, animal health, disaster preparedness and more.

Namaste noted to cope with climate change, New Mexico farmers plant a diversity of crops and sequence them to make sure they have at least one successful crop if others fail. She added the American Friends Service Committee will encourage lawmakers to support small-scale sustainable farms to give those who grow food a fighting chance.

"Record-breaking heat for weeks, or the largest wildlife in New Mexico history, or a drought that's the biggest in a century," Namaste outlined. "Those are really hard odds for farmers to be up against."

In 2022, New Mexico experienced its largest and most destructive wildfire in the state's history. Climate scientists recently confirmed 2024 was the hottest year on record, with damages from U.S. weather disasters estimated at more than $1 billion.