The petitioners in the legal challenge to Ridge Breeze’s proposed expansion. (From L to R): Dr. Richard Dart, Jenelle Ludwig-Krause, Gerald Steien, Kay Kashian, Attorney Adam Voskuil, Larry Brenner, and Ty Fisher.

The outcome of the hearing could determine whether Ridge Breeze is allowed to expand to become the largest factory farm in Western Wisconsin.

The legal battle to stop the proposed Ridge Breeze expansion to 6,500 cows will come to a head on Tuesday, March 3, when a contested case hearing opens in Eau Claire. The first day of the hearing will be for public testimony, during which area residents and business owners will be able to provide comments about the expansion’s threat to their water and the environment. The following two days, March 4 and 5, are reserved if extra time is needed to get through expert testimony on the impacts of the permit. The hearing will take place at the Eau Claire State Office Building, 718 W. Clairemont Avenue, beginning at 9 am on March 3. A Zoom option will also be available.

Last year, Midwest Environmental Advocates (MEA) filed the legal challenge against Ridge Breeze’s proposed expansion in Pierce County on behalf of GROWW and five Pierce County residents.

The legal challenge is based on concerns around Ridge Breeze’s ability to safely apply roughly 80 million gallons of liquid manure that would be generated by their expansion from 1,700 to about 6,500 dairy cows (approximately 9,000 animal units). The expansion plan calls for the overapplication of nutrients on thousands of acres, which could lead to substantial harm to groundwater, especially given the lack of groundwater monitoring requirements in place.

“Our clients are challenging the permit because it does not adequately protect local surface water and groundwater from being contaminated by the enormous amounts of manure that Ridge Breeze would produce,” said MEA Staff Attorney Adam Voskuil.

GROWW and the individuals who are challenging the permit are also concerned with what they see as a lack of transparency about the amount of farmland on which the manure will be spread. Ridge Breeze acknowledges that it owns fewer than 100 acres and relies entirely on rented land. After community members urged the DNR to verify the amount of farmland Ridge Breeze has access to, the agency required Ridge Breeze to submit land affidavits as part of the permit application process. This came after several landowners came forward to state that their land had been listed on Ridge Breeze’s Nutrient Management Plan without their knowledge or consent.

“Even after affidavits were submitted, landowners have continued to come forward and attest to the fact that Ridge Breeze has never had permission to spread manure on their land,” said Danny Akenson, an organizer for GROWW, an organization which has been organizing in opposition to the expansion for three years. “This is a bad permit that puts Pierce County residents and landowners at risk.”

“We encourage everyone who is concerned about this threat to their water and health to come and tell their stories. This is the public’s opportunity to give personal testimony about the harmful impact that Ridge Breeze’s expansion will have on their lives and community,” Akenson said.

Those who want to give testimony should arrive by 9 am on March 3 to sign up. Anyone who gives testimony is open to questioning on their comments. The administrative law judge presiding over the case is expected to issue a decision within 90 days of the hearing.