California Nurseryman Settles With Feds Over Plowing Dispute
August 15, 2017 Duarte Nursery, its president John Duarte, and Pacific Legal Foundation (PLF) and their co-counsel announced today Duarte Nursery has agreed to a settlement in the federal government’s nearly five-year enforcement action over Duarte’s plowing of his property to plant wheat in late 2012.
PLF Senior Attorney Tony Francois, who represented Duarte free of charge, said they agreed to the settlement despite the fact that Duarte’s plowing was entirely routine.
“Under the agreement, Duarte would admit no liability, pay the government $330,000 in a civil penalty, purchase $770,000 worth of vernal pool mitigation credits, and perform additional work on the site of the plowing,” Francois said in a statement.
The case has drawn national attention. Just a few weeks ago American Farm Bureau President Zippy Duvall sent a letter to USDA Secretary Sonny Perdue, calling the Duarte prosecution “a poster child” for abuses by the U.S. EPA and Army Corps of Engineers.
“This has been a difficult decision for me, my family, and the entire company, and we have come to it reluctantly,” said Duarte. “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.”
Francois said Duarte would have preferred to see the 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.
“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,” he said.
The Pacific Legal Foundation stands up for individual liberties and the rule of law by challenging regulators who abuse their power, said PLF President and CEO Steven D. Anderson.
“Our defense of John Duarte, his co-owners at Duarte Nursery, and their hundreds of employees demonstrates once again that all Americans have a stake in the fight against overreaching government,” he said.
The court will hold a hearing in approximately 45 days to approve the settlement.
Subscribe Today For
