Environmental group files lawsuit alleging ‘illegal’ agreement between DNR, Gordondale

This story is developing

By Brandi Makuski

A group of Portage County residents represented by Midwest Environmental Advocates (MEA) has filed a lawsuit challenging what they call “an illegal settlement agreement between the Wisconsin Department of Natural Resources (DNR) and Gordondale Farms,” a large livestock facility at the center of growing concerns over drinking water pollution in Portage County.

The lawsuit, filed on behalf of the residents, claims the September 2023 settlement agreement was negotiated behind closed doors after Gordondale objected to the terms of a wastewater permit issued by the DNR.

According to the residents, the settlement significantly weakened provisions in the permit that required Gordondale to collect data about the impact of its manure-spreading practices on the community’s water resources.

Adam Voskuil, a staff attorney with MEA, emphasized the importance of public participation in permit decisions, saying, “Under Wisconsin law, members of the public have a right to participate in permit decisions. These rights are essential for holding agricultural operations accountable to our environmental laws.”

Local resident Lisa Anderson expressed disappointment over the closed-door negotiations, saying, “Like other community members, I am disappointed that the DNR chose to engage in closed-door negotiations. Local residents and scientific experts have legitimate concerns about Gordondale’s impact on our drinking water, and we should have had a seat at the table too.”

The area around Gordondale Farms has faced issues with high nitrate levels in groundwater, allegedly due to the overapplication of manure and commercial fertilizers, exacerbated by the area’s sandy soils. In 2018, the group says that almost half of private wells tested in Nelsonville exceeded the safe drinking water standard for nitrate. High levels of nitrate are associated with an increased risk of birth defects, thyroid disease, and colon cancer.

A Supreme Court decision in 2021 affirmed the DNR’s authority to address nitrate contamination and other forms of agricultural pollution by requiring certain large livestock facilities to install groundwater monitoring wells. Gordondale answered that decision by filing a legal challenge, ultimately leading to the settlement agreement in this case.

Midwest Environmental Advocates is a nonprofit law center that assists communities facing environmental injustice. Learn more at www.midwestadvocates.org.

This story will be updated