He plowed his field; now he faces a $2.8 million fine

[libertybele]

This is one example of the FEDS ability to control us with regulations and fines. They could potentially fine, tax or regulate what we plant in our individual gardens.  If this farmer is forced to pay this fine, what is next?  Regulation and taxes on all consumables such as the energy we use to heat and cool our homes or our water usage?

He plowed his field; now he faces a $2.8 million fine

RED BLUFF, Calif. —  A farmer faces trial in federal court this summer and a $2.8 million fine for failing to get a permit to plow his field and plant wheat in Tehama County.

A lawyer for Duarte Nursery said the case is important because it could set a precedent requiring other farmers to obtain costly, time-consuming permits just to plow.

“The case is the first time that we’re aware of that says you need to get a (U.S. Army Corps of Engineers) permit to plow to grow crops,” said Anthony Francois, a lawyer for the Pacific Legal Foundation. The libertarian-leaning nonprofit fights for private property rights and limited government.

“We’re not going to produce much food under those kinds of regulations,” Francois said.

However, U.S. District Judge Kimberly J. Mueller agreed with the Army Corps in a judgment issued in June. A trial, in which the U.S. Attorney’s Office asks for $2.8 million in civil penalties, is set for August.

The case began in 2012 when John Duarte, who owns Duarte Nursery near Modesto, Calif., bought 450 acres about 10 miles south of Red Bluff...........

https://www.usatoday.com/story/news/nation-now/2017/05/24/farmer-plowing-fine/339756001/

[mountaineer]

 

[libertybele]

I wonder if the Feds want this land?  This is in a way similar to the BLM who fined Cliven Bundy for grazing permits and fees.

[Taxcontrol]

This is no where near the Bundy case.  In this case, the farmer owns the land.  In the Bundy case, not only did Bundy NOT own the land (was leasing from BLM), he let the lease lapse, and STILL grazed his cattle on public lands that were leased to someone else.

[DiogenesLamp]

"Wickard." 

[Suppressed]

It wasn't the plowing of the field... it was depositing material into wetlands, in violation of the Clean Water Act.

...

The agencies claimed Duarte had violated the Clean Water Act by not obtaining a permit to discharge dredged or fill material into seasonal wetlands considered waters of the United States.

Duarte sued the Army Corps and the state, alleging they violated his constitutional right of due process by issuing the cease and desist orders without a hearing. The U.S. Attorney’s Office counter-sued Duarte Nursery to enforce the Clean Water Act violation.

Farmers plowing their fields are specifically exempt from the Clean Water Act rules forbidding discharging material into U.S. waters, Francois said.

However, the tractor was not plowing the field, according court documents filed by the U.S. Attorney’s Office in Sacramento. Rather, it was equipped with a ripper that had seven 36-inch shanks, which dug an average of 10 inches deep into the soil.

Duarte disturbed portions of the property that included wetland areas, the U.S. attorney alleges.

The ripping deposited dirt into wetlands and streams on the property in violation of the Clean Water Act, according to documents filed the U.S. attorney filed. 

...

[edpc]

In the 1800s, many people kept moving west for opportunity, freedom, and distance between them and the federal government.  Odd how CA has become one of the most regulated states, over time.

[Suppressed]

This is no where near the Bundy case.  In this case, the farmer owns the land.  In the Bundy case, not only did Bundy NOT own the land (was leasing from BLM), he let the lease lapse, and STILL grazed his cattle on public lands that were leased to someone else.

Yup.  Bundy was a leech.

[driftdiver]

It wasn't the plowing of the field... it was depositing material into wetlands, in violation of the Clean Water Act.

The Federal govt is abusing the Clean Water Act in an attempt to control all land within the United States.   

[Suppressed]

The Federal govt is abusing the Clean Water Act in an attempt to control all land within the United States.

Maybe so, but The People don't seem to care to do anything about it via their elected representatives, public-comment periods, etc., except whine.

The Left posts holds candlelight vigils in "symbolic ineffectuality".  The Right whines on message boards.  The government gains power.

[driftdiver]

Maybe so, but The People don't seem to care to do anything about it via their elected representatives, public-comment periods, etc., except whine.

The Left posts holds candlelight vigils in "symbolic ineffectuality".  The Right whines on message boards.  The government gains power.

I see you are here "whining."  I guess thats ok when you agree with the subject at hand, like big govt getting bigger.

[240B]

The Federal govt is abusing the Clean Water Act in an attempt to control all land within the United States.

The EPA also wants to control every drop of water in the country as well as all the land. There is no such thing as a private water source anymore. I cannot verify this personally, but I have read that even water collected off a roof into a rain barrel is still under the control of the EPA. All private ponds, or privately constructed irrigation systems are all under the control of the EPA, even their primary water source is rain.


So, you could say that the government owns all the rain, I guess?

[Suppressed]

The EPA also wants to control every drop of water in the country as well as all the land. There is no such thing as a private water source anymore. I cannot verify this personally, but I have read that even water collected off a roof into a rain barrel is still under the control of the EPA. All private ponds, or privately constructed irrigation systems are all under the control of the EPA, even their primary water source is rain.


So, you could say that the government owns all the rain, I guess?

It's the states that do that, not the EPA.  Because people don't buy the right to that rainwater... like a property can be bought without rights to the minerals under it.  Intercepting the recharging precipitation is therefore illegal.

[Just_Victor]

The Federal govt is abusing the Clean Water Act in an attempt to control all land within the United States.

"Seasonal wetland" - a.k.a. puddle.

Debris and silt naturally collect in low spots.  If he used a farm implement to move soil from high spots to low spots, all he did was speed up the natural process.

The EPA needs to get a grip.

[Bigun]

"Seasonal wetland" - a.k.a. puddle.

Debris and silt naturally collect in low spots.  If he used a farm implement to move soil from high spots to low spots, all he did was speed up the natural process.

The EPA needs to get a grip.

The EPA needs to get gone if you ask me!

[Just_Victor]

The EPA needs to get gone if you ask me!

  I'm good with that.

[DiogenesLamp]

The Federal govt is abusing the Clean Water Act in an attempt to control all land within the United States.

This.   "Suppressed"  up above quoted that these "rippers"  cut 10" into the soil,  as if to distinguish their effect from a "plow",   which cuts how deep into the soil?   7?  8?   Perhaps even 10 inches? 


I've pulled a plow with a tractor years ago,  and i'm not seeing the difference between what a plow would do or what a "ripper"  would do.   


Yes,  the Government is abusing the clean water act to control land. 

[DiogenesLamp]

Maybe so, but The People don't seem to care to do anything about it via their elected representatives, public-comment periods, etc., except whine.

The Left posts holds candlelight vigils in "symbolic ineffectuality".  The Right whines on message boards.  The government gains power.

The left has a Trillion dollar Broadcasting infrastructure to carry their message. 


That is all that matters in this game.   

[EC]

This.   "Suppressed"  up above quoted that these "rippers"  cut 10" into the soil,  as if to distinguish their effect from a "plow",   which cuts how deep into the soil?   7?  8?   Perhaps even 10 inches? 


I've pulled a plow with a tractor years ago,  and i'm not seeing the difference between what a plow would do or what a "ripper"  would do.

A ripper is basically a coulter only plow. They cut maybe half an inch deeper than a plow does, and are usually only used on land that has been fallow for decades, where the soil has compacted enough to cause the plowshares problems, or on heay clay soils.

[DiogenesLamp]

It's the states that do that, not the EPA.  Because people don't buy the right to that rainwater... like a property can be bought without rights to the minerals under it.  Intercepting the recharging precipitation is therefore illegal.

This statement leads me to think that you must butter your bread in an agency for which this is not an abstract discussion topic. 

I can't see anyone not involved in this on the regulatory side making such a statement.   

"Intercepting the recharging precipitation is therefore illegal." ? 


Who talks like that except someone in business of enforcing such power grabs on the rest of us? 

[Weird Tolkienish Figure]

It wasn't the plowing of the field... it was depositing material into wetlands, in violation of the Clean Water Act.

However, the tractor was not plowing the field, according court documents filed by the U.S. Attorney’s Office in Sacramento. Rather, it was equipped with a ripper that had seven 36-inch shanks, which dug an average of 10 inches deep into the soil.

Now I know nothing about farming... but isn't that plowing? Or tilling?

Reading this again, the act of plowing deposited dirt onto the wetlands.

[DiogenesLamp]

A ripper is basically a coulter only plow. They cut maybe half an inch deeper than a plow does, and are usually only used on land that has been fallow for decades, where the soil has compacted enough to cause the plowshares problems, or on heavy clay soils.

So the term "Plowing the field"  may not be technically correct,   but it is close enough so as to be indistinguishable to the layman.   

[Bigun]

Now I know nothing about farming... but isn't that plowing? Or tilling?

Reading this again, the act of plowing deposited dirt onto the wetlands.

Where I come from it's called renovating or sub soiling. Has to be done once in a whine when farming heavy soils or they become to compacted.

[EC]

So the term "Plowing the field"  may not be technically correct,   but it is close enough so as to be indistinguishable to the layman.

Yep. You can use them pretty much interchangably. Rippers are first plowing, or sodbreaking. They don't turn the soil, they just break it.

Just remembered - you also use them to plow in snow (that's an old technique for soil improvement, not much used any more). Last time I saw that done was by my grandfather - I must have been about 5 then.

[libertybele]

The EPA needs to get gone if you ask me!

Along with the BLM and BATF.