USDA announces end to programs following WILL lawsuit

The News: The U.S. Department of Agriculture (USDA) has agreed to end the use of mandatory dairy checkoff funds for Environmental, Social, and Governance (ESG) initiatives, following a lawsuit filed by the Wisconsin Institute for Law & Liberty (WILL) on behalf of three Wisconsin dairy farmers. The changes could potentially impact over 20,000 dairy farms across the United States.

The Quotes: WILL Deputy Counsel, Rebecca Furdek, stated, “We are very encouraged by this great news today for America’s dairy farmers. Following our lawsuit, the Trump Administration is ending a costly and unconstitutional practice of forcing dairy farmers to fund radical ESG demands with the ‘Dairy Checkoff.’ This was a clear example of unelected and unaccountable federal bureaucrats in Washington, D.C. pushing an ideological agenda on our hardworking American farmers.”

WILL Client and Wisconsin dairy farmer, Abby Swan, stated, “Until WILL stepped in, dairy farmers were being forced to subsidize private organizations pushing climate change research and costly mandates for family farms. Middle America has had enough. We are fighting back to end ridiculous practices like these once and for all.”

What Happened: In June of this year, WILL represented Wisconsin dairy farmers Abby Swan, Adam Faust, and Christopher Baird in a federal lawsuit against the Secretary of Agriculture, in her official capacity, and the National Dairy Promotion and Research Board. We argued that the Dairy Checkoff program had unlawfully diverted to fund ESG efforts, including the Innovation Center for U.S. Dairy, that pushed harmful and costly mandates on America’s farmers. WILL argued this amounted to compelled speech in violation of the First Amendment and also exceeded USDA’s statutory authority, in violation of the Administrative Procedure Act.

Fast forward to today. In a consent motion filed in the U.S. District Court for the Eastern District of Wisconsin, attorneys for the federal government confirmed that USDA “intends to direct the National Dairy Promotion and Research Board that assessment funds may no longer be spent on Environmental, Social, and Governance (ESG) frameworks, net-zero, or climate-neutrality initiatives.” WILL and the USDA have agreed to stay the case while USDA finalizes the change, proposing to file joint status reports with the court every 30 days.

Read More:

Consent Order, September 2026

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