LEWISTON, Minn. – The primary litigant in the protracted Daley dairy farm battle against the Winona County policy to limit the size of feedlot herds said he was “disappointed but not surmised” at a new curt decision that didn’t go his way. Ben Daley said he plans an appeal. Since 2018 Daley has been to what seems every forum possible to exceed the county’s 1,500-animal cap. Daley’s latest setback was a court decision that upheld the county’s right to restrict herds in the interest of the public good, specifically to prevent groundwater contamination. Daley scoffed at the county’s suggestion that a work-around could be to open separate farms rather than concentrate on expanding the Daley’s current factory-scale operation near Lewiston. “Everybody knows that would cause more pollution and cause more problems,” said Daley in a KIMT interview.
Earlier: Daleys again lose bid to expand Lewiston dairy herd
Measuring manure
Winona County limits feedlots with a complex formula that recognizes that some animals poop more than others. Compare, for example, a 1,400- pound dairy cow and a 280-pound hog. The formula used by Winna County sets the maximum herd, whatever the species, at 1,500 “animal units.” The proposed Daley expansion would add 4,500 units for a total of 6,000. The Daley farm, it must be noted, ,already exceeds 1,500 because of grandfathered rules. Critics say the Daley’s planned expansion would create 64 million gallons of manure a year. The Daleys contend that technology can handle the discharge. Critics, however, point to technology failures. The critics also note the vulnerability of porous limestone formations that underlie thousands of square miles in the Driftless region. Well water in the Lewiston area, where the Daleys farm, is already unsafe to drink.