Posted on 08/15/2017 5:01:35 PM PDT by Hojczyk
What Duarte had been doing was plowing his field and planting wheat. The field in question is located in a place where pools of standing water sometimes form during the wet season and later dry up. But those, at least under definitions cooked up during the Obama era, qualify as “Waters of the United States” and in order to “disturb” them Duarte would have needed to apply for a permit which would run him roughly a quarter million dollars. Having not done so, Uncle Sam would now like Duarte to pony up more than $15M.
In addition to distorting the meaning of “Waters of the United States” beyond any reasonable definition, this case is also challenging the use of the phrase, “normal farming practices.” Stop and think about that for a moment. The act of plowing a field is not, in the eyes of some in our government, considered a normal farming practice.
Duarte’s lawyer is trying to get the fine dropped to one dollar rather than a figure in the millions since Duarte was already found guilty. But that won’t matter anyway because he’s going to appeal as soon as this is over. It’s more of a matter of principle than the actual money (though I’m sure the farmer could use that also) and a question of whether or not there is any sanity or common sense left in the federal government or the judicial system.
Sadly, unless there’s a way somebody in the Trump administration can derail this, his appeal would be going to the Ninth Circuit, which means he’s pretty much already lost because, well… the Ninth Circuit. So who knows? Perhaps this winds up at the Supreme Court where we can allow Associate Justice Neil Gorsuch to have a pass at it.
These fools should be in jail..
ANd the farmer should get Jery Spence and sue the Feds...
And the MSN wonders why Trump won...
In the 1950 s the press would be all over this and crying foul
Duarte signs consent decree to settle federal court case over Tehama County plowing case
Without admitting guilt or liability or accepting the federal charges against him and his family's nursery, John Duarte has signed a consent decree with the U.S. Department of Justice (DoJ) to end his long, grueling fight with the Army Corps of Engineers (CoE). DoJ attorneys had sought $2.8 million in fines and substantial more in landscape remediation.
The consent degree was entered in U.S. District Court on Aug. 15 just as court proceedings were scheduled to begin. Wine Industry Insight reached out to Duarte and his legal team for comment (below).
Stunned supporters of Duarte's efforts quietly expressed dismay that the case -- now handled by new DoJ Trump administration appointees -- had been prosecuted with the same vigor as the previous team.
“This has been a difficult decision for me, my family, and the entire company, and we have come to it reluctantly,” said John Duarte in a public statement.
“But given the risks posed by further trial on the government’s request for up to $45 million in penalties, and the catastrophic impact that any significant fraction of that would have on our business, our hundreds of employees, our customers and suppliers, and all the members of my family, this was the best action I could take to protect those for whom I am responsible.”
A short summary of the 56-page filing contained these substantial points:
• Duarte must pay $300,000 in civil penalties to the United States, and spend,
• $700,000 in off-site compensatory mitigation such as purchasing vernal pool establishment credits from CoE-approved mitigation banks
• Duarte is enjoined from disturbing approximately 44 acres the CoE considered waters of the United States. In addition, that area also is required to have a 35-foot setback for 10 years.The 44 acres can be used for "moderate non-irrigated cattle grazing and weed, pest, or invasive species control."
• The obligations of this "shall run with the land and bind Defendants' successors and assigns." A certified copy of this Consent Decree must be filed with the Tehama County, California, recorder's office.
• After two years Duarte may seek from the CoE a revised jurisdictional determination for the site. "In making such determination, the Corps shall apply the then-applicable definition of 'waters of the United States' and shall otherwise act in accordance with then-governing law.
• Duarte must "smooth all disturbed soil surfaces and reasonably match the pre-November 2012 grade and hydrology within impacted waters of the United States on the Site, approximately 22 acres as identified in Trial Exhibit 61 and attached hereto as Appendix 3."
“John would have preferred to see this case through to trial and appealed the court’s liability ruling, which holds that plowing a field requires federal permission — despite the clear text of the Clean Water Act and regulations to the contrary,” said Francois.
“John and his counsel remain concerned that legal liability for farming without federal permission undermines the clear protections that the Clean Water Act affords to farming and poses a significant ongoing threat to farmers across the nation.”
A full copy of the consent decree can be accessed by Wine Executive News premium subscribers.
I thought a judge threw out the EPA rule as being an over reach?! How is this man responsible for any of this?
I thought we were for enforcing laws around here. Don’t like the law, change it.
/dripping sarcasm
"Time to make your voice heard.
"Illinois Farm Bureau encourages farmers to sign a petition supporting a proposed federal rule to repeal the definition of “waters of the U.S” put in place under President Barack Obama’s administration.
"The new proposed rule, initiated by the Environmental Protection Agency (EPA) and Army Corps of Engineers, was officially published in the Federal Register last week, kicking off a 30-day comment period. The deadline to comment: Aug. 28.
More at link. I signed the petition. Don't know if you have to be involved in Illinois farming or not. See Iowa has one.
Maybe there is a generic petition as I should think any interested citizen should be able to sign.
Couldn't Trump pardon that farmer who got caught in Obama's web? I think it was about stealing or reclaiming the land for the government. I don't know where that would have put Ted Turner and his thousands of acres.
Bfl.
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