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Dairy group sues DNR over pollution discharge rules

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MADISON, Wis. (AP) -- A dairy association has filed a lawsuit alleging the state Department of Natural Resources is over-regulating large livestock operations.

The Wisconsin Dairy Business Association filed the lawsuit in Brown County last week. It alleges the DNR has changed requirements for concentrated animal feeding operations, or CAFOS, to treat runoff and has implemented oversight of calf hutches without going through the administrative rule-making process.

The association goes on to argue that the DNR is illegally requiring all CAFOS to obtain a pollution discharge permit regardless of whether they actually discharge any pollution into state waters.

The lawsuit seeks judicial orders prohibiting the DNR from enforcing the new runoff guidance, declaring the regulation of calf hutches invalid and the rule requiring blanket discharge permits unenforceable.

A DNR spokesman declined comment.