Farmer Fined over $1 mil for Farming

[Hoser John]

$1.1 million settlement in field plowing case


Minutes before the start of the penalty phase of his trial, a farmer facing nearly $3 million in fines for plowing a Tehama County field agreed to settle his case Tuesday in federal court.

The settlement brings to a close a five-year court battle between the federal government and John Duarte, who faced $2.8 million in fines after regulators said he illegally “ripped” wetlands in a field south of Red Bluff.

Duarte, who owns a nursery near Modesto, agreed to pay $1.1 million in civil penalties and repair 22 acres of disturbed streams and wetlands on the 450 acres, according to the U.S. Attorney’s Office, which prosecuted the case in civil court.

More: Fined farmer appeals to Trump administration

“Today's agreement affirms the Department of Justice's commitment to the rule of law, results in meaningful environmental restoration, and brings to an end protracted litigation,” Jeffrey H. Wood, acting assistant attorney general for the Justice Department's Environment and Natural Resource Division, said in a statement.

“We are pleased to reach this agreement that serves the public interest in enforcement of the Clean Water Act and deterrence of future violations,” Wood said.

The Attorney’s Office accused Duarte of ignoring a consultant’s recommendation that he get approval from the Army Corps of Engineers before plowing the field in 2012.

Farmers are usually exempt from getting a permit under the Clean Water Act to plow their fields. But a federal judge last year ruled that Duarte hired a tractor driver that used a ripper-type plow that went deep into the ground, breaking up the subsoil and causing dirt to flow into environmentally sensitive wetlands and streams.

More: Farmer lashes out over plowing dispute

Duarte, however, argued that he only plowed 4 to 7 inches deep. He also warned that allowing the government to seek millions in fines would mean other farmers would be at risk of similar fines just for plowing their fields.

In a news conference held the day before the penalty phase of his trial was to begin, he and his attorney argued that a $2.8 million fine could mean employees at his nursery could lose their jobs.

Under Tuesday’s settlement, Duarte will 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,” Duarte said in a statement.

More: Farmer faces $2.8 million fine after plowing field

“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,” he said.

Duarte’s lawyer, Anthony Francois of the Pacific Legal Foundation, said he remained concerned about the effect the case would have on other farmers.

“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,” Francois said.

[russau]

BUT if they would get layed off from their jobs , I would have more people to beat playing pinochle and could have them buying me drinks for losing!