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Published - Saturday, July 24, 2004

Lawsuit filed against Jackson County feedlot

HIXTON, Wis. — A group of Hixton residents this week filed a federal lawsuit against a feedlot business they claim is polluting tributaries of the Trempealeau River and Tank Creek, both trout streams.
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Concerned Farmers and Neighbors claim the cattle operation owned by Sedelbauer Farms Inc. is discharging animal waste into the water through runoff.

The complaint alleges the feedlot has inadequate storage facilities for the amount of animal waste produced, and it spreads the waste during winter months on frozen ground.

"We are left with no choice but to go to court to stop the pollution of these trout streams," said Mike Helstad, a local farmer and member of the community group.

"We want to make sure that future generations will be able to enjoy Tank Creek as we once did."

The lawsuit was filed on behalf of the group by Midwest Environmental Advocates Inc., a nonprofit environmental law center based in Madison.

Last year, Sedelbauer Farms housed about 1,350 heifers at the Jackson County site before receiving a permit from the Department of Natural Resources to expand the feedlot to hold about 2,800 head of cattle.

A DNR record of a public notice to issue a Wisconsin Pollutant Elimination System Permit stated, "the proposed activity is not expected to result in significant adverse environmental impacts."
Attorney Andrew Hanson of MEA said records since obtained from the DNR "document Sedelbauer Farms discharged animal waste from its feedlots and waste spreading fields into tributaries of Tank Creek and the Trempealeau River" almost daily in February, March and May.

An attorney representing Sedelbauer Farms, Mark Radcliffe, could not be reached for comment Friday. He declined to talk to the Tribune last year "based on client-attorney privilege."

The community group gave Sedelbauer Farms 60 days' notice of intent to file a lawsuit in the hope that corrective actions would be implemented, but no response was received, Hanson said.

"Sedelbauer Farms has now repeatedly violated the federal Clean Water Act and will likely do so again in the future," Hanson said.

Ed Hoskin can be reached at ehoskin@lacrossetribune.com or (608) 791-8226.

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