A recent administrative law judge (ALJ) ruling by an administrative judge prevents the signing of the "Nitrogen (N) Fertilizer Rule" until at least the conclusion of the upcoming 2019 legislative session in the state of Minnesota.

The N Fertilizer Rule, officially known as the Groundwater Protection Act, is a proposal from Minnesota Gov. 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. During the 2018 legislative session, the legislature invoked its authority under MN Statute 14.126 to delay the rule’s implementation until after the conclusion of the 2019 legislative session.

The Minnesota Soybean Growers Assn. (MSGA) welcomed the delay. "This decision is a perfect example why MSGA pounds the pavement in St. Paul to advocate for farmers, and we thank Sen. Bill Weber and Rep. Paul Anderson for standing with us," MSGA president Michael Petefish said. "Because we stood up for our farmers, we now have a solid victory for Minnesota agriculture."

Republican Sen. Weber, chair of the Senate Agriculture, Rural Development & Housing Policy Committee, called the ruling a victory for Minnesota farmers and landowners. “As policy-makers, we have both a duty and a legal right to have input and oversight on an issue that has the potential to greatly impact Minnesota’s agricultural community. The legislature must carefully consider the proposed rule, its ramifications and the research upon which it is based before considering such a significant change. The judge’s ruling ensures the legislature will have adequate time to do just that in the coming legislative session.”

MSGA commended Weber and other legislators who fought against the hastily made N Fertilizer Rule and concluded that it exceeded the authority of the Minnesota Department of Agriculture commissioner.

MSGA was active throughout 2018 in pushing back against the N Fertilizer Rule. During the 2018 legislative session, Petefish and MSGA executive director Joe Smentek testified before the Minnesota House Agriculture Policy Committee on the proosed N Fertilizer Rule.

"All rule-making authority comes from the legislature," said Smentek, an environmental attorney. "This is an appropriate control on that delegation of authority, and we are pleased that the legislature will get more of a chance to review the N Rule. This will ensure rules fit with legislative intent and will prevent lawsuits down the road."