Individual Towns Cannot Modify Pollution Measures

Whilst allowing the expansion of Larson Acres, a dairy in southern Wisconsin, the town tried to impose tougher water restrictions than required by state law on a new dairy development.

The farm argued that pollution rules are set out of state law and could not be changed by individuals.

The court agreed with the farm.

In response to this decision, Laurie Fischer, Executive Director of the Dairy Business Association said: "We are thrilled the Supreme Court upheld the Siting law. This law is the cornerstone piece of legislation that has allowed the dairy industry and all of agriculture in Wisconsin to grow and prosper.

"This law is critical to the growth and modernisation of the dairy industry as well as the protection of our environment. It provides predictability in what formerly was an extremely unpredictable process to site a new dairy facility. It also provides a consistent regulatory framework for farmers to meet strict, scientifically based environmental regulations.

"DBA was a strong proponent for siting legislation when it passed both the Senate and Assembly and was signed by then Governor Doyle in 2004. We are pleased the law withstood this challenge and our $26.5 billion dairy industry can continue to grow and prosper while protecting our natural resources."