In line with stipulation agreement, MDA opens public comment period on Groundwater Protection Rule

The Minnesota Department of Agriculture (MDA) has opened a public comment period on the adequacy of the state’s Groundwater Protection Rule. The action is in line with a court-approved stipulation agreement between the plaintiffs (a coalition of environmental groups) and the defendants (Attorney General/MDA and a Minnesota Corn Growers Association (MCGA) led coalition of farmer organizations). You can read more about the lawsuit and MCGA’s response here.

Last year, the activist groups had sued MDA arguing that the Groundwater Protection Rule doesn’t adequately protect groundwater from nitrate contamination. They sought to have a judge compel the agency to enact further restrictions on commercial nitrogen fertilizer—circumventing the normal administrative rulemaking process that allows for public input.

MCGA and the other farmer groups intervened in the lawsuit and the result was the stipulation agreement that required MDA to review the Groundwater Protection Rule. The agreement stipulates that the activist groups will not enter any orders that would impose new restrictions on farmers while the administrative agencies do their work. The stipulation agreement ensures administrative review of regulations instead of judicial review.

MCGA will be submitting comments to MDA on the Groundwater Protection Rule in the coming months.