Settlement reached in federal case of Modesto-area farmer fined $2.8 million for plowing his field

Northern California farmer John Duarte spent years fighting the federal government after being fined for plowing over protected wetlands on his property. He attracted a nationwide army of conservative supporters who saw it as government overreach and hoped the Trump administration would order federal officials to back off. But just before his trial was set to start Tuesday, Duarte settled. Duarte became a cause célèbre among property-rights activists, farmers and other conservatives after running afoul of environmental laws in 2012. A judge ruled in 2016 that he violated the “Waters of the United States” provision of the Clean Water Act by “deep ripping” a Tehama County field without a permit. Duarte said he just planted winter wheat, as the previous property owners had done. But government officials said the field hadn’t been plowed in more than two decades, and he needed a permit before tearing up seasonal wetlands known as vernal pools that serve as habitat for plants and animals. Duarte and his allies, including the leader of the American Farm Bureau and Republican members of Congress, called it a classic case of government meddling with agriculture. The Trump administration already has moved to relax the WOTUS rules that the Obama administration had sought to expand, and the congressmen were pressing Attorney General Jeff Sessions to drop the case against Duarte altogether. Despite settling for far less than they were seeking, federal officials said the agreement shows the law must be obeyed...more 

The Pacific Legal Foundation released the following statement: 

  “Duarte Nursery, its president John Duarte, and Pacific Legal Foundation and their co-counsel announce that Duarte Nursery has agreed to a settlement with the United States in the federal government’s nearly five-year enforcement action over Duarte’s routine action of plowing its property to plant wheat in late 2012,” said PLF Senior Attorney Tony Francois, who represents Duarte free of charge.

“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.

“This has been a difficult decision for me, my family, and the entire company, and we have come to it reluctantly,” said John 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.”

“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.”...