LINCOLN, Neb. — Two environmental organizations have filed lawsuits against the state of North Dakota, arguing that the North Dakota Department of Environmental Quality (DEQ) improperly approved a permit for Riverview ND, LLP to construct a 25,000-head dairy near the Red River of the North. The plaintiffs — Food and Water Watch and the Wild and Scenic Law Center, representing the Dakota Resource Council — contend that the state failed to enforce federal Clean Water Act standards that should have required Riverview to obtain a National Pollutant Discharge Elimination System (NPDES) permit.
The proposed Herberg Dairy facility would be located about 1.5 miles from the Red River, a key drinking water source and international waterway flowing into Canada’s Lake Winnipeg. According to the lawsuit, the dairy is expected to generate between 204 million and 235 million gallons of manure and wastewater annually. The groups allege that the state ignored risks associated with 12,643 acres of tile-drained cropland, which they say could allow pollutants such as nitrogen, phosphorus, pathogens, pesticides, and metals to flow directly into waterways without required monitoring or enforcement.
The Dakota Resource Council argues that the state permit endangers both North Dakota residents and downstream communities in Manitoba, claiming that nearby households — including two within one mile of the site — could face health and environmental threats from groundwater contamination and air quality impacts. The lawsuit asks the courts to reverse the state’s permit approval and compel the DEQ to reconsider under federal standards.
“DEQ may only issue an AFO permit if the agency determines that the animal feeding operation will not cause nor likely cause pollution of waters of the state,” the lawsuit states. The filing further claims that “Herberg Dairy is a point source that, if allowed to operate according to the AFO permit and application, will discharge via at least one conduit to the Red River, which is both a water of the state and a water of the United States.”
Riverview LLP, which operates large dairies across Arizona, Minnesota, Nebraska, New Mexico, and South Dakota, also plans to build another 12,500-head dairy in Richland County, North Dakota. The Manitoba government has launched an investigation into the North Dakota projects, and the International Joint Commission has directed the International Red River Watershed Board to review the permits.
In a 641-page final decision issued Sept. 24, 2025, North Dakota DEQ defended its position that the Riverview dairy does not require a federal NPDES permit. The department said the facility will operate under state law, which already addresses environmental and public health protections. “The submitted application and supporting documentation show that the proposed facility is not a point source subject to a NPDES permit,” DEQ stated, citing federal exemptions for agricultural stormwater discharges.
Environmental groups dispute that determination, pointing to an engineer’s revised calculations that show greater wastewater output than Riverview originally reported. They also argue that the dairy’s clay-lined waste ponds could leak over 200,000 gallons of liquid per acre per year into groundwater, with even more seepage possible from freeze-thaw cycles and flooding. The plaintiffs assert that without proper monitoring of nutrient management plan compliance, DEQ cannot adequately prevent pollution before it reaches the Red River or surrounding lands.
