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LSP Applauds Appeals Court Ruling on Winona County CAFO

Ruling a Victory for Water Quality & Local Democracy

December 9, 2024

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LEWISTON, Minn. —  The Land Stewardship Project (LSP) applauded today’s ruling by the Minnesota Court of Appeals upholding a county’s right to limit the size of large animal feedlots operating within its borders. The ruling confirms an earlier state District Court’s decision that there was “no actual evidence of bias” when Winona County denied Daley Farm’s attempt to circumvent the county’s 1,500 animal unit cap. For the past five years, Daley Farm has been attempting to obtain a variance to the rules to add 3,000 dairy cows to its facilities near Lewiston, which would put the operation at 5,968 animal units (roughly 4,500 cows), almost four times Winona County’s cap. The expanded facility would use 92 million gallons of the area’s groundwater and produce 46 million gallons of manure and wastewater in an area dominated by karst geology and nitrate pollution problems.

Today’s Court of Appeals decision is available here.

The Winona County Board of Adjustment (BOA) has twice denied the variance, and, despite strong opposition from Winona County residents, Daley officials — backed by supporters of industrialized livestock farming on the state level — have repeatedly attempted to circumvent local county government rulings through various means, including suing Winona County over its BOA decision. All of these attempts have been unsuccessful.

“This latest court decision is yet another victory for the right of people to speak up for the future of their community, its farms, the land, and water,” said Sean Carroll, LSP’s policy director. “It’s time that Daley Farm stopped wasting public resources on frivolous lawsuits so we can focus on advancing farming practices that support local economies and protect our groundwater.”

Winona County adopted its animal cap ordinance in 1998 to balance the interests of farmers with the unique risks industrial agricultural practices pose to groundwater within the region’s vulnerable karst topography. Groundwater is the area’s main source of drinking water, and the Environmental Protection Agency has ordered state agencies to take action to deal with rampant nitrate pollution problems in the region. The Daley expansion proposal would make it larger than 99% of all livestock operations in the state, according to the Minnesota Pollution Control Agency’s Feedlots in Minnesota database.

Since its founding over four decades ago, LSP has worked in Winona County and other parts of southeastern Minnesota to support farmers in their efforts to develop crop and livestock systems that are economically viable, build healthy soil and protect water resources. During the past five years, LSP members in Winona County have been involved in upholding the county’s animal unit cap, and in May the organization filed a legal brief  with the Minnesota Court of Appeals contesting Daley Farm’s appeal of the state District Court’s decision. Representing LSP in the case is FarmSTAND, a legal advocacy organization that is dedicated to taking on industrial animal agriculture.

 “The Court of Appeals decision today is another victory for democracy, and for clean water for the people of Winona County,” said Holly Bainbridge, FarmSTAND staff attorney and counsel for LSP. “It’s essential that all Big Ag attempts to use the civil justice system to avoid accountability to rural America be rejected.”

Also serving as counsel for LSP on this case is Public Justice, a nonprofit legal advocacy organization.

“This decision is a victory for the people and natural resources of Winona County,” said Daniel C. Snyder, director of Public Justice’s Environmental Enforcement Project. “It defies common sense to allow for the expansion of factory farms in an area that already suffers from significant nitrate contamination of the groundwater. It is time we stop putting economic interests above the future sustainability of Minnesota’s environment.”

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The Land Stewardship Project (LSP) is a nonprofit organization dedicated to fostering an ethic of stewardship for farmland, promoting sustainable agriculture and developing healthy communities in the food and farming system. LSP has offices in the Minnesota communities of Montevideo, Lewiston and South Minneapolis.

Category: News Releases
Tags: CAFO • Daley Farm • factory farm • groundwater • local democracy • nitrate pollution • Winona County

Contact:

Sean Carroll, LSP Policy Director, e-mail, 763-297-1931

Upcoming Events

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October 2025

Tuesday October 7

6:30 pm – 8:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Tuesday October 7
6:30 pm – 8:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
The Landing Market, 211 College Dr, Decorah, IA 52101, USA

The Johnson Center for Land Stewardship Policy is excited to share that one of our its primary pillars of work — a published collection of Paul Johnson’s writings —  is set for release on Oct. 2.  The book features a brief biography and a discussion of Paul’s ideas within the historical and future contexts of private lands conservation. Details on the event are available here.

For details on We Can Do Better: Collected Writings on Land, Conservation, and Public Policy click here.

 

Thursday October 9

5:00 pm – 7:30 pm
Minnesota Women in Conservation Fall Learning Circle
Thursday October 9
5:00 pm – 7:30 pm
Minnesota Women in Conservation Fall Learning Circle
Dawson, MN 56232, USA

Participants will walk around a “homestead” farm site, exploring areas and goals the landowner hopes to improve in the future, including pollinator habitat, perennial plantings, windbreaks, privacy/noise screens, water quality improvements, well sealing, and compost placements. Participants will hear feedback and recommendations from a conservation professional on potential programs that could assist the landowner in achieving those goals. This will be an active event.

Please bring a camp chair and a potluck dish. The host will provide the main dish, so think about bringing sides and dessert. For details and to reserve a spot, click here. For questions, contact LSP’s Alex Kiminski at akiminski@landstewardshipproject.org.

Friday October 10

8:30 am – 3:00 pm
Weaving a Wider Community: Seeing & Countering Racism in Our Backyard
Friday October 10
8:30 am – 3:00 pm
Weaving a Wider Community: Seeing & Countering Racism in Our Backyard
111 N 1st St, Montevideo, MN 56265, USA

Join LSP and CURE for a community event at the Land Stewardship Project office in Montevideo (111 N. First St.), from 8:30 a.m. to 2 p.m., on Friday, Oct. 10. This event includes lunch catered by El Mana; please register by Oct. 3 to be included in the food count.

You can RSVP here.

The Racial Equity Conference, organized by the Greater Minnesota Partnership of the Facilitating Racial Equity Collaborative, has been specifically designed to bring engaging content to local communities through a unique pairing of online speakers and in-person local sessions. The morning’s online content will include a conversation focused on seeing and countering racism in rural communities, moderated by Eryn Gee Killough, paired with two outstanding keynote speakers, Jenna Grey Eagle and Ron Ferguson, who have experience working in rural communities. 

This online content will be exclusively available to local community gatherings. Each gathering will gear their in-person activity to their specific community with the goal of extending the impact of the conference to others throughout the following year. Join LSP and CURE for this western Minnesota gathering, or if a different location works better for you, check out all the local gatherings on the FREC site,

If you have any questions, do not hesitate to reach out. LSP’s Nick Olson can be reached via e-mail at nicko@landstewardshipproject.org.

9:00 am – 3:00 pm
Intensive Small-Scale Market Gardening Bus Tour
Friday October 10
9:00 am – 3:00 pm
Intensive Small-Scale Market Gardening Bus Tour
Leatherdale Equine Center, 1801 Dudley Ave, St Paul, MN 55108, USA

Explore profitable small-scale farming (1–5 acres) and soil care. Visit a cooperative incubator farm and a thriving suburban market garden. Learn about cover crops, reduced tillage, high tunnel soil health, and support for growers.

This is the second tour in a three-part soil health bus tour series. Participants can sign up for just one, two, or all three tours. Register at https://z.umn.edu/vegetablebustours. The cost is $15 (flat fee, covers 1, 2, or 3 tours). There are more details in the attached flyer.

Saturday October 11

11:00 am – 2:00 pm
LSP-COPAL Visita a la Granja | Farm Tour
Saturday October 11
11:00 am – 2:00 pm
LSP-COPAL Visita a la Granja | Farm Tour
36919 County 57 Blvd, Dennison, MN 55018, USA

Building off the success of last year’s farm event with COPAL in Austin, Minn., this year Land Stewardship Project and COPAL members and supporters will gather at the Young-Walser Family Farm in Dennison, Minn. for a festive and delicious farm tour on Saturday, Oct. 11, from 11 a.m. to 2 p.m. We invite you to come and meet new folks, learn new skills, and try new food! 
 
This year’s COPAL-LSP farm event offers a little something for everyone: 
 
🍯 Honey sampling and the opportunity to purchase from Homestead Honey Farm. 
 
🍎 Apple cider pressing and tasting. (BTW, we’re still looking for an apple press if you or a farmer friend have one nearby we could borrow for this event!) 
 
🌽 Nixtamalization workshop and fresh, homemade tortillas, made with corn grown by LSP and COPAL members at the Young-Walser Family Farm! 
 
🍅 Salsa making and cricket-eating competitions! Yes, you heard that right —we’ll have the opportunity to sample crickets, a delectable crispy and savory snack commonly enjoyed throughout Mexico and Central America. Stay tuned for details on how to enter either competition. 
 
🥾 A tour of the Young-Walser farm, nestled in the beautiful Sogn Valley not far from Cannon Falls, Minn. Enjoy a tromp through the corn and squash fields and hike in the nearby woods. 
 
🌮 A shared meal and opportunity to hear from LSP and COPAL organizers about our participation in the Immigrant Defense Network. 

Let us know you can make it to ensure we order enough food and supplies! Carpools from Minneapolis and Rochester will be available to all attendees. 

________________________________________________

¡Únete a LSP + COPAL para nuestro recorrido anual comunitario en la granja!
Un espacio divertido para tod@s donde exploraremos la agricultura, aprenderemos sobre el campo y participaremos en actividades prácticas. ¡Uno de los momentos más especiales será hacer tortillas frescas junt@s!

Compartiremos un delicioso almuerzo comunitario, preparando tacos en estilo potluck (tipo convivio). Te invitamos a traer un platillo o acompañamiento para compartir.

También estás invitado@ a llegar temprano (desde las 9 AM) para ayudar a cosechar calabazas que sembramos. Puedes llevarte algunas a casa, y el resto se donará a un banco de alimentos local.

El Land Stewardship Project (LSP) es una organización aliada de COPAL que trabaja por sistemas alimentarios y agrícolas más sostenibles y justos. LSP y COPAL están unidas en su lucha por instituciones democráticas sólidas, comunidades saludables y acogedoras, y una ética de cuidado hacia la tierra y las personas que nos alimentan.

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