Due Diligence On Wetlands May Save Millions

John Duarte, the CEO of Duarte Nurseries in Tehama County, California, provides a perfect example of the need to consider the possible effect on wetlands prior to purchasing or developing property. 

Duarte saw 450 acres that could be farmed after years of cattle grazing. Less than a year after his nursery bought the property, the Army Corps of Engineers ordered him to stop plowing up “vernal pools.”  The Corps later sued for violation of the Clean Streams Law. A federal judge has since ruled that the nurseries are liable and has scheduled a penalty hearing. Duarte told reporters that the court is being asked to fine him $8 to 10 million for plowing. 

Although Duarte denies the claims and intends to appeal, he is still looking at fines in the millions and significant, costly litigation.