Judge dismisses lawsuit challenging deer farm regulations
Go Deeper.
Create an account or log in to save stories.
Like this?
Thanks for liking this story! We have added it to a list of your favorite stories.
A federal judge has dismissed a lawsuit challenging Minnesota laws that tighten regulation of the farmed deer industry.
The Legislature last year passed a package of laws restricting expansion and operation of white tailed deer farms in the state. The laws took effect this year.
The action was in response to the spread of chronic wasting disease, an always fatal neurological disease that infects cervids, a family of animals including deer and elk.
The disease has spread among wild white tailed deer in many locations around the state. Deer farmers said the new laws would eliminate the industry in Minnesota.
Support Local News
When breaking news happens, MPR News provides the context you need. Help us meet the significant demands of these newsgathering efforts.
The Minnesota Deer Farmers Association filed suit against the state, seeking an injunction to prevent enforcement of the laws.
On Wednesday, U.S. District Court Judge John Tunheim denied the injunction request and dismissed the lawsuit.
“Plaintiffs argue that the statute is not rationally related to the prohibition of new white-tail deer registrations because the ‘evil’ state seeks to control is CWD, not white-tail deer farmers,” Tunheim wrote in his decision. “However, the Minnesota Legislature passed the statute to prevent the spread of CWD, not to eliminate the white-tail deer farming profession. The eventual elimination of white-tail deer farming in Minnesota, while unfortunate, is incidental.”
The Minnesota Department of Natural Resources said in a statement the agency takes seriously its responsibility to protect the health of the state’s deer herd.
“The Minnesota Legislature provided the Minnesota DNR with oversight authority of the state’s white-tailed deer farms in 2023, and we will continue to work with deer farmers and follow duly enacted laws within our regulatory authority as we engage in that important work,” the agency said.
An attorney for the deer farmers said they will appeal the ruling to the United States Court of Appeals for the Eighth Circuit.
Erick Kaardal said he believed the court erred in dismissing the case. He said Minnesota statute identifies deer farming as an occupation.
“But in direct contradiction, the new 2024 state laws prohibit transfer of deer farm registrations to willing buyers and prohibit issuing new deer farm permits,” said Kaardal. “Meanwhile, my law firm represents a willing buyer who wants to again pursue the deer farming occupation, but he can’t because of the 2024 laws.”
Kaardal said the deer farmers will ask the appeals court for an expedited hearing of the case.