Duarte hopes Trump’s order will ease harrowing experience against feds in court

Modesto Bee ^ | 05-24-2017 | Jeff Jardine

[ptsal]

When President Trump signed an executive order in February to review President Obama’s “Waters of the United States” rule, Hughson farmer John Duarte finally felt like the government’s case against him could be, well, plowed under.

I wrote about Duarte in January 2016 as his legal fight with the U.S. Army Corps of Engineers intensified and headed into federal court. But the feds won that round. A judge in June 2016 sided with the Army Corps, and now the case will proceed to the penalty phase in August. The government wants Duarte to pay $2.8 million in fines and up to $32 million in wetlands mitigation.

[ptsal]

Interesting case....

[karnage]

This is a classic case of grotesque government overreach. I hope that President Trump’s EPA will drop this kind of harassment against productive members of American society.

[vette6387]

Trump needs to kick the Army Corps of Engineers out of the Environment Business. This is way, way outside their reason for existence. It’s serious mission creep.

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[Leaning Right]

> This is a classic case of grotesque government overreach. <

Absolutely! It’s nothing more than taking property without just compensation. Yes, the farmer still owns the land, and he must pay taxes on it. But the government tells him he cannot do anything with the land.

Since the government is making all the decisions, the government, in effect, owns that land.

[ptsal]

The government has even paid prior owners of the property to take the land out of wheat production and let it revert to grass.

This is not virgin territory.

[digger48]

Wetland regulations have been in place for some time now.

Biggest land grab in history

[Leaning Right]

I believe that the Supreme Court has already ruled in favor of those Wetlands regulations. That’s shameful. Sure wetlands are important. So let the government pay a fair price, and buy them outright.

[Mollypitcher1]

The big question is What are “ Wetlands?” The EPA thinks wetlands are mud-puddles after it rains.

[karnage]

Exactly the sort of overreach that must be rolled back.

[AlmaKing]

So what.

It’s the farmer’s land.

[AlmaKing]

Headed back to the Supreme Court. And Trump is President now.

[Does so]

Title includes "harrowing experience".

Hah!

[blueplum]

Duarte hired a contractor to plow land unsuitable for wheat farming. The contractor plowed the wrong area at twice the depth allowed, leveled areas that shouldn’t have been leveled and disturbed wetlands in the process. Duarte tried to hide it. Duarte needs to suck it up and quit whining about his bad decisions.

[ptsal]

B.S.
Been there and walked the property.

[dfwgator]

Sounds like Duarte should have a word with the contractor.

[blueplum]

Did you walk it before or after it was ‘ripped’ instead of ‘plowed’ as claimed?

A plower would definitely know the difference because the attachments are completely different - equipment was photographed and attested to:

“Unruh used the Equipment, a 360-horsepower International Harvester Case Quadtrac 9370 with Wilcox ripper, NSC 36-24-7, as an attachment for tilling. DRCWA No. 23; Unruh Dep. 93:6–94:5. The Equipment has seven shanks with 24-inch spacing in between the shanks, and each shank is 36 inches long. Unruh Dep. 93:17–94:5.”

Pacific Legal posted the summary, 6/10/16, which included maps that showed the plowing was indeed out of bounds as well as describing the equipment used

You’ll need to save and download the pdf to read it:

http://www.pacificlegal.org/file/Order-on-summary-judgment-motions.pdf

“Nutshell: Duarte hired someone to level uneven, compacted graze-land, with no recent history of farming activity, into flat farm land for wheat, including backfilling creeks, swales and vernal ponds that trapped seasonal runoff. Big no-no. (see pg35, 6. Summary at link) (there are also maps pg 5,9,10 within the briefing)”
51 posted on by blueplum
http://www.freerepublic.com/focus/f-news/3446060/posts#51

also, http://www.modbee.com/news/local/news-columns-blogs/jeff-jardine/article152495064.html