PORTLAND, Ore.—Today, having achieved what they sought, four small Oregon dairy farms voluntarily dismissed their lawsuit against the Oregon Department of Agriculture over rules that would have subjected them to expensive and needless requirements intended for large dairies with hundreds of animals. The challenged rules were pushed through largely at the bidding of large dairy operations, who sought to stamp out perceived competition from small farms.
The cow and goat dairies teamed with the Institute for Justice (IJ) to file a constitutional challenge to protect their small businesses, which faced financial ruin under the proposed rules. After the lawsuit was filed, the department promised not to subject small dairies to the challenged rules, but the suit continued until that promise became law.
“We filed this lawsuit because the prior rules were unconstitutionally protectionist. The Department of Agriculture was hurting small dairies to please big diaries. We’re glad the department realized that it could implement rules that actually aim to accomplish what they claimed they were trying to accomplish before—environmental protection.” said IJ Attorney Bobbi Taylor.
Oregon, like many states, has requirements for dairies that operate CAFOs, confined animal feeding operations. Historically, small dairies did not have to comply with these rules because they don’t confine their cows. But in 2023, at the prompting of large dairies afraid of supposed competition from smaller farms, the Oregon Department of Agriculture changed its mind and demanded that small dairies—and only small dairies—install expensive and complicated drainage and holding systems—supposedly to manage wastewater that they don’t really produce.
Because of the suit, which was filed in January this year, the department rewrote the rules to more sensibly and clearly define what it means to keep animals confined. The CAFO requirements now only apply to medium and large size farms generating large amounts of waste or discharging wastes into state waters. The Department also clarified in court filings that none of the farmers who sued would be subjected to the CAFO requirements revised rules.
“I feel both a sense of relief and determination with the outcome,” said Newberg, Oregon dairy farmer Sarah King. “I’m relieved small farms and homesteads can continue their vital work supporting local food economies, protected from unnecessary and overreaching regulations that threaten their personal property freedoms.”
Sarah milks two cows, named after Disney princesses, every morning. She bottles the milk, refrigerates it, and sells it to neighbors. Her cows spend virtually all their time on the pastures of her farm. She has been a small dairy farmer for years, but that could have come to an end if the Oregon Department of Agriculture had forced her to comply with rules written for dairies that keep thousands of cows confined indoors. Joining Sarah in the lawsuit were other small dairies milking cows and goats. Christine Anderson also milks two cows at her farm in McMinnville. Waneva Lavelle and Melissa Derfler each milk goats at their farms respectively in Marion County and Grants Pass.
“The constitution prohibits states and agencies from enacting policies designed to target and harm some businesses for the benefit of their supposed competitors” said IJ Senior Attorney Ari Bargil “It’s gratifying that the Oregon Department of Agriculture finally came to this realization, but it’s a shame that it took nearly a year of litigation for them to conclude that they had to follow the law.”