Carly Griffith, Water Programs Director with the Minnesota Center for Environmental Advocacy, announces the filing of a lawsuit against the Minnesota Pollution Agency and the Minnesota Department of Agriculture. She is joined by representatives of the Minnesota Well Owners Organization, Winona County Coalition of Clean Water, and Minnesota Trout Unlimited. (Trout Unlimited photo)
Regional Nitrate Issues Again Making Headlines
ST. PAUL—Southeast Minnesota’s nitrate issues are again in the news—this time to ensure the State of Minnesota continues to address health issues related to nitrate pollution regardless of any federal deregulation that could reduce the urgency or demands currently on the state.
In January 2024, state agencies implemented a three-phase plan designed to address nitrate contamination to public and private wells in Dodge, Fillmore, Goodhue, Houston, Mower, Olmsted, Wabasha, and Winona counties.
That plan was in response to a 2023 federal Environmental Protection Agency (EPA) directive to step up efforts to curb the health threats related to safe drinking water in the region.
But given current changes taking place within the federal government, environmental groups involved with the issue are afraid that deregulation within the EPA could remove federal oversight, leaving current efforts up to state regulations alone—and those regulations, they say, are inadequate to drive momentum in addressing the problem.
In 2024, Minnesota launched a three-phase plan to address nitrate contamination issues in southeast Minnesota. (Minnesota Department of Health graphic)
The Minnesota Center for Environmental Advocacy (MCEA), Minnesota Well Owners Organization (MNWOO) and Minnesota Trout Unlimited (MNTU) have filed suit against the Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Agriculture (MDA) alleging, specifically, that the state’s rules governing manure and commercial fertilizer application—sources of nitrate contamination—are insufficient to protect public health and natural resources from harms caused by nitrate pollution.
A statement from the environmental groups behind the suit says that “reopening the rules would build on the work state agencies are already doing to address the crisis. It would also initiate a robust public process that would invite impacted stakeholders to the table to create new protections grounded in the shared value that everyone has a right to safe drinking water.”
”MPCA and MDA have recognized the persistence and danger of nitrate contamination for decades, and we know our current rules aren’t doing enough to clean up our waters,” said Joy Anderson, supervising attorney at MCEA. “It’s time for Minnesotans to come together and adopt some common-sense regulations that will make our water safe to drink throughout the state.”
According to local geologist Jeff Broberg, founder and member of MNWOO, despite decades of talk, “MPCA and MDA still cannot show us evidence that the groundwater quality for well owners in our region is stable or getting better.
“All the data show that more people are at risk, and that too few farms are using practices known to abate nitrate pollution,” said Broberg. who lives in rural Winona County. “It’s time for the courts to intervene and assure the public that our drinking water is protected.”
Commercial fertilizer and animal manure from animal feeding operations are among the sources of nitrate pollution; nutrients wash away from fields they’re applied to and seep quickly into groundwater ultimately threatening drinking water sources in southeast Minnesota. Revising Minnesota’s feedlot and groundwater protection administrative rules is one strategy to minimizing this issue, according to those filing a suit against three Minnesota state agencies. (MPCA graphic)
Nitrate contamination threatens more than residential well water. The impacts of nitrate contamination on coldwater ecosystems has been seen in how nitrates reduce the size and potential survival of trout populations, according to Minnesota Trout Unlimited.
“Existing agency rules and programs are not reducing pollution levels, and this must change,” said John Lenczewski, executive director of Minnesota Trout Unlimited. “We have joined this litigation to ensure that it does.”
Additional details and background on the nitrate issue—and recent actions to address these concerns—can be found in the following articles published by Root River Current:
Minnesota Launches First Phase of Nitrate Mitigation Plan
Nitrate and Water Issue Proposals Addressed by 2024 Minnesota Legislature
Sate Officials: January 2024 Plan Addresses Nitrate Contamination Issues
Local Forums, EPA Raise Questions About SE Minnesota Water Quality … State Agencies Respond
What Happens When Feedlots Get Bigger in Karst Country?
Minnesota Nitrate concerns inspire Iowa groups to seek EPA help
Southeast Minnesota Runoff Pollutes Beyond Local Area
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Organizations involved in filing the suit are:
Minnesota Center for Environmental Advocacy is a nonprofit, nonpartisan organization in its 50th year of using the law and science to protect Minnesota’s environment, natural resources and the health of its people.
Minnesota Well Owners Organization is dedicated to providing educational, technical, and legal services as well as advocacy support for private well owners throughout Minnesota.
Minnesota Trout Unlimited is a nonprofit, nonpartisan conservation organization whose mission is to protect, restore, and sustain Minnesota’s coldwater fisheries and the watersheds and groundwater sources that support them.
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Contributors
John Torgrimson is managing editor/co-publisher of Root River Current.
John Gaddo is co-publisher of Root River Current.
