The Wisconsin Center for Investigative Journalism reports that Wisconsin Department of Natural Resources Secretary Cathy Stepp on Tuesday declined the Kinnard Farms request that she overturn an administrative law judge’s ruling that the farm install groundwater monitoring wells and cap its herd. Among those watching the case for potential statewide impact are rural residents, groundwater advocates and farmers — including Kinnard Farms co-owner Lee Kinnard, whose permit is at issue. “It doesn’t affect Kinnard Farms. This affects the dairy industry,” Kinnard said. “This is much bigger.” Kinnard said the judge had “way overstepped his bounds” and based his ruling on “non-fact.” Asked whether he would appeal the ruling in circuit court, he said, “We are absolutely exploring our options.” The Kewaunee County farm plans to expand by 55 percent to about 6,200 cattle. But neighbors challenged its permit. They wanted the DNR to impose groundwater monitoring and a cap on the number of cattle. After a four-day hearing including testimony from both sides, Judge Jeffrey Boldt ordered those conditions. In his Oct. 29 ruling, Boldt blamed widespread well pollution in the area on what he called a “massive regulatory failure.” A lawyer for Kinnard at the time praised the decision for upholding the farm’s expansion. But on Nov. 20, Kinnard, represented by the Madison law firm Michael Best & Friedrich, asked Stepp to “correct” the judge’s ruling, saying the agency lacked the legal authority to impose such permit conditions. Stepp criticized Boldt for “editorializing” in his ruling.
Posted on: Wed, 26 Nov 2014 07:10:47 +0000