John Duarte, CEO of Duarte Nurseries of Tehama County in
California, saw several hundred acres that could be farmed after
years of cattle grazing. Less than a year after his nursery bought
the property, a representative of the U.S. Army Corps of Engineers ordered that he
stop plowing up "vernal pools."
Enter the legal process. Duarte and his company filed suit
alleging that his due process rights had been violated. The Army
Corps counterclaimed alleging that both he and his company violated
the clean streams law.
In June, 2016, a federal judge in the Eastern District of
California considered mutual motions for summary judgment on the
legal issues presented by the parties. That judge set off a storm
in the agricultural community by ruling that both Duarte and Duarte
Nurseries could be held liable for Clean Water Act penalties and
set up a penalty hearing. Duarte has told reporters that the Army
Corps is seeking to fine him $2.8 million in direct penalties and
to
