Senator Weber applauds ruling upholding legislative oversight of state agencies

Administrative law judge upholds legislative authority to delay ‘Nitrogen Rule’

In a recent court order, an administrative law judge has upheld the legislature’s authority to delay implementation of the Minnesota Department of Agriculture’s proposed Groundwater Protection Rule. The proposed rule, known as the ‘Nitrogen Fertilizer Rule’, will be delayed until at least the conclusion of the 2019 legislative session.

“This ruling is a victory for Minnesota farmers and the legislature’s authority to oversee state agencies” said Senator Bill Weber (R-Luverne), chair of the Senate Agriculture, Rural Development, and Housing Policy Committee. “This has the potential to greatly impact our agricultural community. The legislature must carefully consider the proposed rule, its effects, and the research upon which it is based. This ruling ensures we will have adequate time to do just that in the coming legislative session.”

The ‘Nitrogen Fertilizer Rule’ is a proposed rule from Governor Mark Dayton’s administration to reduce nitrate levels in groundwater across Minnesota. Under the proposed rule, restrictions would be placed on soil applications in certain areas of the state based on soil types. Last year, the legislature invoked its authority under Minnesota Statutes 2018, section 14.126, subdivision 1, to delay the rule’s implementation until after the conclusion of the 2019 legislative session.

“The agricultural industry is already applying many points of the rule in their best management practices. This is about government overreach as bureaucrats – many of whom know nothing about farming – try to regulate the industry,” continued Senator Weber. “The current administration has not been a friend of agriculture; hitting the pause button will allow a thoughtful, realistic review of the rule. As the agricultural industry continues to advance in its application technology, it will achieve additional, improved safeguards. While there are always a few bad actors, any overarching rule should focus on them rather than saddling principled operators with excessive burdens. I will be working with the new governor’s administration, my constituents, and my colleagues to ensure all stakeholders are included in this discussion.”

Supporting documents

Senator Bill Weber, of Luverne, is in his second term representing District 22, which includes communities in Cottonwood, Jackson, Lincoln, Lyon, Murray, Nobles, Pipestone, Redwood, and Rock counties. He serves as chair of the Agriculture, Rural Development, and Housing Policy Committee.