A 25,000-Cow Dairy Near the Red River Is Now Before a Judge
A North Dakota district court heard arguments on July 13, 2026 over whether to overturn the environmental permit for the Herberg Dairy, which would be the largest dairy operation in the state. Riverview LLP, a Minnesota-based company, plans to run 25,000 cows on the site in Traill County, just west of the Red River. The North Dakota Department of Environmental Quality issued the permit in 2025.
Judge Susan Bailey of the East Central Judicial District did not issue a ruling at the hearing. She said her focus is on whether the DEQ followed the law in its review process, not on evaluating the science itself.
Opponents Say the State Agency Ignored Its Own Rules
The Dakota Resource Council, a North Dakota-based environmental and landowner rights group, brought the challenge. Their attorney, Dani Replogle of Food and Water Watch, called the DEQ process “deeply flawed” and argued the agency ignored state law in multiple areas.
Replogle is asking Judge Bailey to rescind the permit and send the application back to the agency for a new review. Her argument centers on Riverview’s nutrient management plan, which governs how manure from 25,000 cows is stored and spread on nearby farm fields.
“Trust them.”
Dani Replogle, Food and Water Watch attorney, describing what DEQ and Riverview are asking of the public, given that Riverview handles most of its own environmental monitoring, July 13, 2026
Replogle said the plan lacks specific information about when and where manure will be applied. She also said it fails to account for drainage systems in farm fields that can carry nitrogen runoff into waterways. Beyond nitrogen, she flagged antibiotics given to dairy cows and disinfectants used in the barns as additional potential pollutants with no adequate review.
The State Agency and Riverview Defend the Permit
DEQ attorney Anine Merkens argued that the agency made findings on every aspect of the dairy’s application, covering design, construction, and operation. She said DEQ responded to all public comments submitted during the permitting process. Riverview attorney Andrew Dosdall also defended the permit, though the article does not detail his full arguments.
The Red River drains into Lake Winnipeg in Manitoba. Nitrogen runoff into the river system has been a documented source of algal blooms downstream, making the stakes of this permitting decision extend beyond North Dakota’s borders.
No date for Judge Bailey’s ruling has been announced.
What You Can Do Now
-
Contact North Dakota Governor Kelly Armstrong’s office at (701) 328-2200. Tell his office you want the DEQ to strengthen CAFO permitting rules and require independent third-party environmental monitoring, not self-reporting by the dairy operator.
-
Call your North Dakota state legislators. Ask them to hold a public hearing on DEQ’s review process for large concentrated animal feeding operations. Find your legislators at legis.nd.gov/find-my-legislators.
-
Contact the North Dakota DEQ directly at (701) 328-5150 and ask whether a supplemental public comment period will open if Judge Bailey remands the permit. Request to be notified of any future hearings on the Herberg Dairy application.
-
Follow the Dakota Resource Council at drcinfo.com and sign up for their action alerts. They are the lead legal challenger in this case and will announce next steps after Judge Bailey rules.
Sources
North Dakota Monitor: Opponents of Giant North Dakota Dairy Argue for Permit Reversal
North Dakota Monitor: Environmental Group Challenges Permit for 25,000-Cow North Dakota Dairy
Food and Water Watch: About Factory Farm Permitting Oversight
Dakota Resource Council: Landowner and Environmental Advocacy in North Dakota
EPA: CAFO Regulations and Water Quality Under the Clean Water Act