Land Stewardship Letter, No. 2, 2023

Local Democracy

District Court Supports Winona County’s Factory Farm Size Limits

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he Minnesota District Court in NoLewiston. “Daley knows there is an animal vember denied a large dairy’s latest cap and that there are rules, and that in our attempt to circumvent a county’s county we follow the rules. The rules were rules related to the size of livestock operamade to protect the people and the land. tions. For the past four years, Daley Farm That’s the bottom line.” has sought a variance from the 1,500-aniDaley Farm’s proposal would concentrate mal-unit cap that exists in southeastern Minthe manure of approximately 4,500 dairy nesota’s Winona County in order to expand cows in a region where drinking water is its Lewiston dairy operation to nearly 6,000 already plagued by such high nitrate levels animal units (roughly 4,500 cows). The that the Environmental Protection Agency Winona County Board of Adjustment (BOA) recently requested that state agencies take has twice denied the variance, and, despite action to protect the health of residents strong opposition from county residents, (see page 25). Because Winona County has including several Land Stewardship Project had an animal unit cap in place for over 20 members, Daley officials have repeatedly years, Daley Farm was required to request a turned to legal and other tactics to bypass these local government decisions.

“The rules were made to protect the people In its latest lawsuit, Daley claimed that and the land. That’s the bottom line.” the Board of Adjustment was too biased — LSP member Richard Ahrens against the dairy to give it a “constitutionally fair hearing” on its variance application because of one BOA member’s involvement with the Land Stewardship variance (a permit allowing the operation to Project. However, District Court Judge go above the limit) from the BOA in order to Douglas Bayley ruled that Winona County quadruple the size of its operation. did its job and adhered to the law when it “Each community is unique,” says Keldenied the variance. “…mere membership in ley Stanage, an LSP member from Winona an organization that would be affected by a and a former public official who was sued decision, ‘is not a sufficiently direct interest’

by Daley Farms last year, along with other to justify overturning a local government’s public officials. “Minnesota law allows comdecision,” Bayley wrote in his decision, munities to decide for themselves how their adding that, “There simply is no evidence land should be used.” of bias, that would justify overturning the Sean Carroll, LSP’s policy director, says Board’s legally and factually supported decianimal unit caps have proven to be commonsion to deny Daley Farm’s variance request.” sense avenues for protecting water resources (The full judgement is available at https:// while shielding local communities from the bit.ly/LSPDaleyCourt.) kind of unprecedented consolidation that After the District Court’s decision was is putting small and medium-sized farmhanded down, a Daley official was quoted ers out of business and decimating Main in the media saying they planned to file an Street economies. The Daley proposal would appeal. make this operation larger than 99% of all “This is bullying, just like it is for kids livestock operations in the state, according in school,” says LSP member Richard to the Minnesota Pollution Control Agency’s Ahrens, a retired beef and crop farmer from “Feedlots in Minnesota” database.

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“We need a farm economy that does not incentivize the endless expansion of our farms,” says Ridgeway, Minn., dairy farmer and LSP member Mike Gilles. “The natural end result of this current system will lead to a Winona County with few farms, fewer farmers, and fragile rural communities. We need a farm economy that works for Winona County, not for expansion.”

Daley, backed by supporters of industrialized livestock farming, has repeatedly attempted to circumvent local government rulings. Besides suing over the BOA decision, it also filed a separate lawsuit against individual citizens and LSP in an attempt to silence people who have spoken out against the proposal. That lawsuit, which is similar to SLAPP (strategic lawsuit against public participation) strategies utilized by factory farm supporters in other parts of the Midwest to intimidate opponents, was dropped

by Daley in March 2023.

Daley’s multiple lawsuits are a waste of local public resources that could be better spent supporting a resilient farm economy, says Carroll.

“We have incredible opportunities to support numerous farmers who are building healthy soil and producing food in a way that supports and builds local wealth,” he says. “Allowing one special interest to utilize the legal system to gobble up public resources in an effort to advance their own growth isn’t good for the community, the economy or the land.”

During the past few years, LSP and its allies have learned of several communities in the Midwest that are facing similar intimidation tactics as factory farm proposers and their backers attempt to circumvent local democracy and the will of the people. As a result, LSP is launching a special initiative to collect the stories of rural residents who question the “get big or get out” narrative and the power and bullying tactics wielded

by Big Ag (see below).

For more information on the Daley Farm legal battle, contact Carroll at scarroll@ landstewardshipproject.org or 612-4006359. p

Submit Your Story to LSP Powerline

he Land Stewardship Project is collecting the stories of rural residents who question the “get big or get out” narrative and the power and bullying tactics wielded by Corporate America. The LSP Powerline Story Center is seeking firsthand reports and stories from rural residents across the Midwest who oppose the power of Big Ag, and are seeking ways to fight back. Have factory farms or other major unwelcome developments arrived in your community, or are you worried that such developments are being proposed? Is local control and the ability of rural communities to determine their own future important to you? Would you like to talk about a type of food and farming system that relies on small and medium-sized operations that contribute to local economies while building healthy soil?

To submit your story, see landstewardshipproject.org/powerline. If you have any questions, contact LSP organizer Matthew Sheets at 612-767-9709 or msheets@landstewardshipproject.org.

The Land Stewardship Letter

No. 2, 2023

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