A California farmer faces a nearly $3 million fine for plowing his field without first getting a permit. A trial begins this week to determine whether the fines are appropriate for violating the federal Clean Water Act.
When John Duarte of Duarte Nursery plowed 22 acres of his land in Tehama County near Red Bluff, the US Army Corps of Engineers filed a lawsuit alleging those actions damaged wetlands and a permit was required. A judge sided with the Corps last year. Now the trial begins to determine whether to uphold a $2.8 million fine. Duarte could also be forced to pay tens of millions of dollars to restore wetlands. Tony Francois with the Pacific Legal Foundation who represents Duarte says the trial could set a precedent by requiring farmers to obtain costly permits just to plow.
“The Clean Water Act says explicitly in it that normal farming practices do not require Army Corps permits," Francois said.
But Jon Devine with the Natural Resources Defense Council says Duarte’s actions were a clear violation of the federal law.
“The kind of activity that Mr. Duarte has been found libel for is not normal. The court found that there had been nearly 24 years of no activity that was farming-related.,” Devine said.
The case has become a poster child for opponents of increased federal regulations. Francois says the steep fine will shut down Duarte’s business and leave hundreds of people unemployed.