The Federal Court Ruled That Duarte Nursery Violated the Clean Water Act by Plowing Its Property
On June 10, 2016, a U.S. District Court in California issued a key decision in Duarte Nursery v. Army Corps of Engineers. This ruling may significantly affect how farmers across California handle plowing practices. According to the court, Duarte Nursery violated the Clean Water Act when it plowed its property, even though the Act appears to exempt normal farming activities. The plaintiffs maintain that plowing should remain exempt as long as the activity does not convert wetlands into dry land.
Dispute Over Wetland Impact
The plaintiffs insisted that the plowing did not reduce, damage, or eliminate any wetlands on the property. Their attorneys argued that the decision effectively creates a new rule: farmers may not plow in federally regulated wetlands without first obtaining a permit from the Army Corps of Engineers. This interpretation, they say, places an unexpected burden on routine agricultural operations.
Court Reverses Its Earlier Position
The court also shifted its stance from an earlier ruling. Previously, it found that the Army Corps’ order directing Duarte Nursery to stop all plowing in areas that might qualify as Waters of the United States did not amount to a taking of property. In its new decision, the court reaffirmed that Duarte Nursery’s due process rights remained intact, even though the company could not farm the affected areas for three years. Because of these developments, Duarte Nursery is expected to file an appeal.
Protecting Your Rights as a Farmer
Agricultural regulations continue to evolve, and these changes can impact your ability to work your land. If you face legal issues involving plowing, water regulations, or other farming activities, speak with an agricultural law attorney as soon as possible. Prompt guidance can help you understand your rights and plan your next steps.
The agriculture attorneys at Van Egmond & Heitlinger, APC represent clients throughout Northern California, the Central Valley, and the East Bay. We provide experienced legal support for farmers and agricultural businesses navigating complex regulatory challenges.