Dairy farmers forced to support environmental programs blaming cows for “climate change”
The News: The Wisconsin Institute for Law & Liberty (WILL) filed a federal lawsuit against the U.S. Department of Agriculture (USDA) and the National Dairy Promotion and Research Board (Dairy Board) on behalf of three Wisconsin dairy farmers. The lawsuit challenges the unconstitutional Dairy Checkoff program, which forces dairy farmers to fund private, third-party organizations that promote radical and ideologically driven Environmental, Social, and Governance (ESG) agendas. The unconstitutional tax applies to every gallon of milk, raising costs to consumers.
The Quotes: WILL Deputy Counsel, Rebecca Furdek, stated, “Wisconsin dairy farmers shouldn’t be forced to bend the knee to radical ESG demands pushed by private activists. While the federal government is actively pulling back from extreme climate mandates, it is fundamentally Orwellian that American dairy farmers are still being forced to subsidize the very organizations effectively regulating them out of business in the name of “sustainability.” This lawsuit is about protecting the First Amendment and ensuring family dairy farms are not forced to fund ideological speech with which they disagree, as well as ensuring that federal agencies are not overstepping the authority granted to them by Congress.”
WILL Client and Wisconsin dairy farmer, Abby Swan, stated, “Dairy farmers like me are being forced to subsidize private organizations pushing climate change research and ESG mandates for our farms, even though the Dairy Checkoff program is just supposed to market and promote our milk. So not only are we funding a threat to our own existence, but these unrelated priorities increase my costs—and therefore yours.”
Our Clients: Abby Swan, Adam Faust, and Christopher Baird are independent Wisconsin dairy farmers. Like thousands of producers across the country, they are subject to mandatory federal “Checkoff” fees for every gallon of milk they produce. They are bringing this action to protect their livelihood as farmers and defend their constitutional rights against compelled subsidies.
Why the Dairy Check Off Matters: Today’s Dairy Checkoff has morphed into a bloated labyrinth that funnels money to private organizations like the Innovation Center. This center utilizes public funding to advance ESG-focused initiatives such as the Net Zero Initiative (NZI), Pathways to DNZ, and FARM ES which aggressively push greenhouse gas reduction as a top priority of the industry.
By forcing farmers to bankroll a private, ideological climate agenda they oppose, the Dairy Checkoff program functions as an unconstitutional compelled subsidy that directly violates the First Amendment and exceeds the authority Congress granted to administer the program. The lawsuit seeks a declaratory judgment and a permanent injunction to halt the enforcement of the Checkoff program as a funding mechanism for the Innovation Center.
WILL’s Legal Argument: Under the Dairy Act, Checkoff funds are legally restricted to the advertisement and promotion of dairy product sales and consumption, and related research. For decades, traditional promotional campaigns to various industry checkoff programs have been more closely controlled and reviewed by the USDA, and therefore generally deemed “government speech.” However, the current Dairy Checkoff program funds private, third-party organizations like the Innovation Center, whose mission and activities do not fall within the regulatory interests set forth in the Dairy Act. By forcing farmers to subsidize such “private speech,” Defendants are violating both the First Amendment and are exceeding the authority granted to them by Congress.
This lawsuit is part of WILL’s ongoing commitment to pushing back against federal overreach, protecting free speech, and dismantling unconstitutional ESG regulations that threaten American businesses and agriculture. WILL has successfully represented clients across the nation in high-impact lawsuits defending individual liberties and economic freedom under the law.
Read More:
- Complaint, June 2026
Rebecca Furdek
Deputy Counsel