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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

Saturday October 25

1:30 pm – 2:30 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Saturday October 25
1:30 pm – 2:30 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Madison Public Library - Central, 201 W Mifflin St, Madison, WI 53703, 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. 

During the Wisconsin Book Festival, Curt Meine will talk about the book in a discussion with author Sonja Trom Eayrs (Dodge County, Incorporated), in a session on “The Fight for Rural America.” 

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

Tuesday October 28

12:00 pm – 1:30 pm
MDA Grants Webinar
Tuesday October 28
12:00 pm – 1:30 pm
MDA Grants Webinar
Zoom online

Are you interested in applying for a grant from the Minnesota Department of Agriculture (MDA)? On Tuesday, Oct. 28, from noon to 1:30 p.m., the Land Stewardship Project will be holding an online webinar on four grants that will be available this fall. MDA staffers will go over the details of these grants and how to apply for them.

 To sign-up, click here.  

 This webinar will feature information on four grants:

– AGRI Livestock Investment Grant

– AGRI Sustainable Agriculture Demonstration Grant 

– Preparing for Extreme Weather (Prepare) Grant

– AGRI Protecting Livestock from Avian Influenza (Protect) Grant 

For more information, contact LSP’s Alex Kiminski at akiminski@landstewardshipproject.org.

Wednesday October 29

4:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Wednesday October 29
4:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
The Harkin Institute for Public Policy & Citizen Engagement, 2800 University Ave, Des Moines, IA 50311, 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. 

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

Thursday October 30

5:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Thursday October 30
5:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Ames Public Library, 515 Douglas Ave, Ames, IA 50010, 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. 

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

November 2025

Tuesday November 4

11:00 am – 12:00 pm
Birds in the Balance: Pest Control Services Across Crop Types
Tuesday November 4
11:00 am – 12:00 pm
Birds in the Balance: Pest Control Services Across Crop Types
Online

This 10-lesson Wild Farm Alliance virtual course teaches agricultural professionals and farmers how to support beneficial birds and manage pest birds on farms. By learning how to assess the farm’s avian needs and opportunities, farms can be designed to provide for a diversity of beneficial birds. 

If pest birds are a problem, they can be discouraged with specific practices during the shorter periods when they cause damage. The sessions cover the latest research, tools and resources, and are given by experts in avian pest control, entomology, ornithology and conservation. While many topics and species are specific to the Midwest, most of the principles discussed are applicable across regions. 

Continuing Education Credits have been requested and are expected to be approved from American Society of Agronomy.

For details and to register, click here. 

The Course Schedule:

LESSON 1

Why Birds Belong on the Farm: Biodiversity, Pest Control & A Thriving Landscape

Tuesday, September 23, 2 p.m. CT


LESSON 2

Birds as Pest Control Allies on the Farm

Tuesday, October 14, 11 a.m. CT


LESSON 3

Birds in the Balance: Pest Control Services Across Crop Types

Tuesday, November 4, 11 a.m. CT


LESSON 4

Integrating Habitat into Croplands: Prairie Strips and Bird Conservation

Tuesday, December 2, 11 a.m. CT


LESSON 5

Birds on the Farm: Balancing Biodiversity and Food Safety

Tuesday, January 13, 11 a.m. CT


LESSON 6

Beyond the Crop: Birds, Biodiversity, and the Power of Edge Habitat

Tuesday, February 3, 11 a.m. CT


LESSON 7

Bridging Forestry, Farming, and Habitat

Tuesday, February 24, 11 a.m. CT


LESSON 8

Perennial Pathways: Agroforestry for Birds and Biodiversity on Farms

Tuesday, March 17, 11 a.m. CT


LESSON 9

Birds on the Range: How Grazing Practices Shape Habitat for Grassland Species

Tuesday, April 7, 11 a.m. CT


LESSON 10

Birds at Risk: How Pesticides Shape Safety on Agricultural Lands

Tuesday, April 28, 11 a.m. CT

View Full Calendar

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