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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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May 2025

Thursday May 29

9:00 am – 12:30 pm
Storytelling for Sales: Digital Marketing for Sustainable Farmers
Thursday May 29
9:00 am – 12:30 pm
Storytelling for Sales: Digital Marketing for Sustainable Farmers
Zoom Online

Storytelling for Sales: Digital Marketing Best Practices to Get Your Farm’s Next Customer is designed to help farmers grow their customer base by sharpening their storytelling and digital marketing skills—whether they’re selling through farmers’ markets, CSAs, or direct-to-retail. This Greener Pastures and Meet the Minnesota Makers workshop will cover how websites and social media can actually convert viewers into buyers to creating content that builds community loyalty.

This workshop is also designed for ag educators, professionals, and partner organizational staff who support farmers directly and want to be well-versed on the marketing best practices to support direct-to-consumer farms. 

For details and to register, click here.

Saturday May 31

10:00 am – 12:30 pm
Multi-species Pasture Walk
Saturday May 31
10:00 am – 12:30 pm
Multi-species Pasture Walk
872 320th Ave, Frederic, WI 54837, USA

The NW Wisconsin Graziers Network, River Country RC&Dand UW-Madison Extension invite you to a multi-species pasture walk hosted by JohnsonFamily Pastures LLC. The farm is located five miles east of Frederic in PolkCounty. This educational event willemphasize direct marketing, multi-species grazing, part-time family agricultureand silvopasture development. Light snacks and refreshments will be provided.

TheJohnson Family Pastures farm is home to Chris and Tamara Johnson and their twochildren. They raise grass-fed beef, silvopastured goats, and recently raised anumber of other species. The farm consists of about 160 acres of gently rollingpastures, silvopasture, and forest. Use of both temporary polybraid fencing andhigh tensile permanent fences allow for rotational grazing of small ruminants andout-wintering of beef cattle. Use of long-term farm transition strategies, cost-shareprograms, silvopasture development with goats, regenerative grazing, cattlehandling facility and bale grazing will be discussed along with answering anyand all questions from pasture walk participants.

An extensive and diversified direct marketing programhas been developed by Tamara and Chris that has included farmer markets, e-maillists, newsletters, website ordering, on-farm freezer storage, and other strategiesand tools to support direct sales and services for their customers.  Come and learn all about their successfulapproach.

For more information,contact Chris Johnson at 920-960-4475 or Lynn Johnson 715-225-9882 at NW Graziers.

June 2025

Wednesday June 25

2:00 pm – 5:00 pm
LSP-PFI Grazing Field Day at Hoosier Ridge Ranch
Wednesday June 25
2:00 pm – 5:00 pm
LSP-PFI Grazing Field Day at Hoosier Ridge Ranch
Hoosier Ridge Ranch, 15998 Wabasha County Rd 26, Altura, MN 55910, USA

Over the last 50 years, livestock have left many farms. Eric Heins is doing the reverse: bringing cattle – and their poop, pee and hooves – back to his land. Come see how Eric is using his Normande-shorthorn crosses in a variety of grazing situations. During this Land Stewardship Project-Practical Farmers of Iowa field day, you can view permanent pasture, where Eric (like everyone) is battling the cool-season grass takeover. You’ll also learn how Eric is using his cattle in cover crop mixes, prairie and woodlands.

Since purchasing the farm in 2020, Eric has converted the cropland to pasture. He also custom-farms a diverse rotation of crops, covers and small grains on neighboring farms, including an established prairie on Iowa Department of Natural Resources land. A possible bonus: Eric is hoping to have virtual fence collars by the time of the field day, but no guarantees!

A meal featuring Hoosier Ridge Ranch burgers will follow the field day.

See & Discuss

  • Cash-flowing the conversion to pasture on owned versus rented cropland
  • Stockpiling pasture for winter grazing
  • Mechanical buckthorn clearing for silvopasture
  • Grazing agreements on DNR prairie and neighboring cropland
  • A sudangrass mix after a canning pea crop
  • An extended rotation with oats, barley and Kernza

For details and to register, click here.

Saturday June 28

4:00 pm – 8:00 pm
LSP's Boots & Roots: A Celebration of Land & People
Saturday June 28
4:00 pm – 8:00 pm
LSP's Boots & Roots: A Celebration of Land & People
Dream Acres, Co Hwy 8, Spring Valley, MN 55975, USA

Join Land Stewardship Project members and supporters to kick-start the Driftless summer with an evening of good food, good music, and good times. We’ll have activities for all ages that will get you out in nature, exploring the connection between our region’s farms and your community’s food, land, and water. Bring a side or dessert to share for dinner, and the Dream Acres wood-fired oven will provide locally-sourced pizzas and flat breads. Dinner will be followed by live music and contra dancing by the Crater City String Band.  

To reserve a spot, click here.

Camping sites are available at nearby Masonic Park and Forestville Mystery Cave and Lake Louise State Parks. Camping at Masonic is rustic,first-come-first-serve, free, and does not require a reservation. Fillmore County, who manages the park, only asks that you call the dispatchers at507-765-3874 when you arrive with your vehicle information and phone number in case of emergency. State Park reservations cost $25 a night and can be made online.

July 2025

Tuesday July 15

5:00 pm – 8:00 pm
Organic Fruit & Vegetable Field Day
Tuesday July 15
5:00 pm – 8:00 pm
Organic Fruit & Vegetable Field Day
1805 Dudley Ave, Falcon Heights, MN 55113, USA

Join U of M researchers and Extension for updates on organic fruit and vegetable research and tour the Student Organic Farm and the Minnesota Agricultural Experiment Station in Saint Paul. Topics include: organic insect management, integrating livestock into vegetable farms, new crops for Minnesota, irrigation strategies, and more. Free to the public.
 
For details and to register, click here.

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