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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

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September 2025

Wednesday September 17

9:00 am – 3:00 pm
Grazing for Invasive Species Management in Oak Savannas
Wednesday September 17
9:00 am – 3:00 pm
Grazing for Invasive Species Management in Oak Savannas
Myre-Big Island State Park, 19499 780th Ave, Albert Lea, MN 56007, USA

For details on this workshop, click here.

12:00 pm – 2:00 pm
Extending the Grazing Season with Cover Crops & Native Grasses
Wednesday September 17
12:00 pm – 2:00 pm
Extending the Grazing Season with Cover Crops & Native Grasses
Bluffton Resort & Bar, 2619 W Ravine Rd, Decorah, IA 52101, USA

This Ducks Unlimited workshop will feature a discussion of how livestock producers can utilize cover crops and native grasses to extend the grazing season. Featured speakers include Adam Janke, who will discuss Iowa State University’s research on CRP grazing, and Brian Dougherty of Understanding AG, who will discuss the economics of grazing cover crops. There will also be a presentation on Ducks Unlimited’s Advancing Markets for Producers Partnership. 
 
For details, see this flier. or call Ducks Unlimited’s Liam Bonk at 612-483-3577. To register, click here.

Thursday September 18

5:00 pm – 7:30 pm
Minnesota Women in Conservation: Conservation Land Walk in Dawson
Thursday September 18
5:00 pm – 7:30 pm
Minnesota Women in Conservation: Conservation Land Walk in Dawson
Dawson, MN

During this Minnesota Women in Conservation event, 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, wind breaks, 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 is a FREE event, but you must RSVP here to get the address. For more information and to RSVP, click here.

Saturday September 20

All Day
Farm Aid
Saturday September 20
Farm Aid
Huntington Bank Stadium, 420 23rd Ave SE, Minneapolis, MN 55455, USA

 Farm Aid is heading to Minnesota for the first time for its 40th anniversary festival on Saturday, Sept. 20, at Huntington Bank Stadium in Minneapolis. The event will launch a year-long celebration of four decades of impactful advocacy, historic cultural moments and unforgettable music.

Farm Aid 40 — a full day of music, family farmers, HOMEGROWN food and agricultural experiences — will feature performances by Farm Aid board members Willie Nelson, Neil Young (and the Chrome Hearts), John Mellencamp, Dave Matthews (with Tim Reynolds), and Margo Price, as well as Billy Strings, Nathaniel Rateliff & the Night Sweats, Trampled by Turtles, Waxahatchee, Eric Burton of Black Pumas, Jesse Welles, Madeline Edwards and more artists to be announced.

For details, click here.

Monday September 22

9:00 am – 3:00 pm
Twin Cities Urban Farm Bus Tour
Monday September 22
9:00 am – 3:00 pm
Twin Cities Urban Farm Bus Tour
Leatherdale Equine Center, 1801 Dudley Ave, St Paul, MN 55108, USA

Join University of Minnesota Extension, Hennepin County, and the Natural Resources Conservation Service on Monday, Sept. 22, for a bus tour of urban farms. We’ll discuss the challenges of city growing, including compaction, contamination, soil health, water management, and more. And we’ll learn about how growers are using soil health practices to mitigate these challenges. Stops will include: 

  • The St. Thomas research gardens, where researchers have been studying different methods for maintaining fertility in urban garden beds for 8+ years, and learning about how these different approaches impact soil health and water quality
  • Our Roots Community Garden, where gardeners have implemented a variety of soil health practices to remediate a brownfield contaminated site into a lush garden with healthy soil and plants. Gardeners here are also working to establish a micro forest at the site
  • Urban Roots farm at Rivoli Bluff. The team at Urban Roots has worked for years to establish a thriving farm at a former street sweeping site. They’ve tried many different practices to address compaction, replace invasive species with native plants to mitigate erosion, and to grow vegetables for their community. 

This is the first 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.

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