Wednesday, August 13, 2025: Last Friday, the Calumet County Circuit Court ruled that a lawsuit brought by the Wisconsin Dairy Alliance and Venture Dairy Cooperative against Attorney General Kaul can move forward. The court rejected the Attorney General’s request to dismiss the case, saying the Dairy Groups have the right to sue to protect their members’ constitutional rights.
The Dairy Groups filed the lawsuit in February to challenge Attorney General Kaul’s decision to outsource the environmental litigation work of the Wisconsin Department of Justice (DOJ) to an out-of-state special-interest group. In 2021, the DOJ entered an agreement with New York University. The agreement allowed an attorney paid and employed by NYU Law’s “State Energy and Environmental Impact Center” to serve as a Special Assistant Attorney General for environmental litigation in the Wisconsin Attorney General’s office.
The NYU Center is currently under congressional investigation due to the “ethical questions and concerns” these agreements raise.
Kim Bremmer, Executive Director of Venture Dairy Cooperative, welcomed the court’s ruling, stating, “Today’s ruling moves us one step closer to holding AG Kaul accountable for his decision to cater to out-of-state interests ahead of Wisconsin citizens and businesses. We look forward to ending DOJ’s unlawful and harmful practices.”
The lawsuit argues that the Attorney General did not have the authority to make the agreement with NYU. They argue that it violates constitutional principles by denying due process and equal protection under the law to the groups and their members.
In April, Attorney General Kaul tried to dismiss the lawsuit, arguing that the Dairy Groups had no right to sue. The court disagreed, noting that the Dairy Groups “clearly have adverse interests” because the NYU attorney’s job “is to enforce and prosecute environmental issues” which affect Plaintiffs’ and their members.
You can read the court’s full opinion here.
