New lawsuit says MN needs tougher action on nitrate pollution

Republished with permission from the Public News Service.

The state of Minnesota faces a new lawsuit over the connection between harmful nitrates from farm fields and the threat they pose to natural resources.

Groups behind the legal action have said that, despite recent changes, regulations need to be stronger. A trio of organizations, including the Minnesota Center for Environmental Advocacy, filed the lawsuit Tuesday, Jan. 28. It comes just after the state finalized new permitting rules for larger animal feedlots. They cover practices such as manure application, with the hope of limiting surface and groundwater pollution.

The MCEA's supervising attorney, Joy Anderson, said actions like that are helpful, but don't go far enough.

"Those only apply to the largest feedlots in the state — about the top 6% of feedlots," she said. "The rules that we are asking MPCA to look at would cover all the registered feedlots. And so, that's many, many thousands more feedlots."

The plaintiffs want a district court to force the Minnesota Pollution Control Agency and the Department of Agriculture to revisit their rules for these water permits, and make sure vulnerable regions have enough safeguards.

In a joint statement, the agencies said they can't comment on the case, adding that the recent changes strike a balance in protecting the environment and supporting farmers.

Jeff Broberg, founder and member of the Minnesota Well Owners Organization, another plaintiff in the case, said information gathering has vastly improved in trying to get a handle on this longstanding problem. But he feels some tools are still being left on the shelf.

"We've made huge investments in data, geology, hydrology, land use, fertilizers," he said, "and we're asking that all of those tools be put to work."

The Minnesota Department of Agriculture just published an updated online map, showing vulnerable areas it said will help farmers comply with the Groundwater Protection Rule. But Broberg said it has limitations.

These groups have said the case also is a response to the new Trump administration, contending that the federal EPA likely won't be as forceful on this issue as it was under President Joe Biden.