Scott and Judy Treml v. Stahl Farms
Read MEA's New Press Release: Rural Wisconsin Family Achieves Settlement in Federal, State Lawsuits Against Livestock Factory for Well Contamination and Stream Pollution Background: Midwest Environmental Advocates is representing Scott and Judy Treml. The Treml’s Kewaunee County home is across the street from a field where Stahl Farms, a 900 cow concentrated animal feeding operation, spread animal waste in late February and early March of 2004. Stahl Farms confines the 900 cattle about two miles to the south and west of the Tremls’ home. The Tremls’ well became severely contaminated in early March of 2004 just a few days after Stahl Farms had spread tens of thousands of gallons of animal waste on a field across the road from their home. Every member of the Treml family, including their seven month-old daughter, became seriously ill from exposure to the contaminated water. Department of Natural Resources records indicate that Stahl Farms has been discharging animal waste from its feedlot and waste spreading fields on an intermittent basis for more than 20 years, despite receiving more than $10,000 in financial assistance from the state to prevent the pollution. On April 28, 2004, Midwest Environmental Advocates and Garvey & Stoddard filed a 60-day notice of intent to sue Stahl Farms for discharging animal waste and other pollutants to tributaries of nearby School Creek and groundwaters. To read the notice of intent to sue, click here. On June 29, 2004, Midwest Environmental Advocates and Garvey & Stoddard filed a complaint in federal court against Stahl Farms on behalf of the Treml family. To read the complaint, click here.
To read the press release on the complaint, click here. On September 28, 2004, the Wisconsin Department of Justice filed a lawsuit against Stahl Farms in Kewaunee County Circuit Court for violating the terms of its WPDES permit and discharging manure into School Creek. To read the state’s Complaint, click here. To read Stahl Farms' December 30, 2004 Answer to the state's Complaint, click here. On November 19, 2004, the Tremls moved to intervene in the state’s lawsuit because the state’s case may affect their ability to prosecute’s Stahl’s violations in federal court, and the Tremls want to make sure that Stahl Farms permanently stops polluting School Creek and does not pollute their drinking water again. To read the Treml’s Motion to Intervene, click here. To read the Treml's Reply Brief, click here. On February 11, 2005, the Circuit Court for Kewaunee County ruled that the Tremls were entitled to intervene in the State’s civil lawsuit against Stahl Farms. In its ruling, the Court likened the Treml’s case to a “victim’s rights” issue in a criminal case, where the victim has the right to participate in the prosecution of the law. To read a selection from the transcript of the Court’s ruling, click here.
On March 10, 2005, Midwest Environmental Advocates deposed Glen Stahl. To read a copy of the deposition transcript, click here.
Update: On January 25, 2006, Magistrate Judge Goodstein of the U.S. Federal Court for the Eastern District of Wisconsin approved a settlement between the Tremls and Stahl Farms. The settlement requires Stahl’s insurance provider to pay the Tremls $80,000 in damages. In addition, a separate settlement between the Tremls, the State of Wisconsin, and Stahl requires Stahl to:
- Refrain from spreading any manure from December 1 to April 1 on the field directly to the south of the Tremls’ home, the source of their well contamination;
- Immediately comply with other manure spreading restrictions on frozen and snow-covered ground proposed in DNR regulations;
- Pay up to $100,000 in forfeitures to the State of Wisconsin (that amount will be reduced to $50,000 if Stahl makes environmental improvements according to a timeline set forth in the settlement agreement in state court);
- Create larger manure storage structures to avoid spreading on frozen and snow-covered ground;
- Install a runoff containment system for its feed storage areas; Install runoff controls for other areas of the operation.”
Read expert analysis by Byron Shaw Ph.D. on how Stahl Farms caused the Treml's well contamination.
See selected exhibits from the report of Byron Shaw PhD.
Read expert analysis by Kewaunee County Conservationist Andy Wallander.
View Photos of Stahl's Operation
|