Federal court rules a farmer plowing his land violates Clean Water Act

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Fascists: A federal court has ruled that a farmer in California is violating the Clean Water Act by plowing his own property.

The court ruled that the company violated the Clean Water Act by plowing its property, even though the Act exempts normal farming practices. And, the implementing regulations state that plowing is never even subject to the Act, so long as it does not convert wetlands to dry land. Since no wetlands were lost or reduced in acreage by the plowing in this case, the court’s decision amounts to a rule that you may not plow in federally regulated wetlands without an Army Corps permit, the clear exemptions to the contrary notwithstanding.

The court also reversed an earlier ruling in the case and held that although the Corps ordered Duarte Nursery to halt all activity in any area of its property that could be considered waters of the U.S. on its property, the company did not suffer any deprivation of its property. On this basis, the court then ruled that Duarte Nursery’s due process rights have not been violated by being ordered not to farm its property for the last three years.

More here. Even though the Supreme Court has twice told the EPA and the Army Corp of Engineers that their interpretation of the Clean Water Act is wrong and overreaching, the agencies continue to use their interpretation to fine and restrict the actions of farmers and private property owners. In this case, they are forbidding a farming company from farming their property under Clean Water Act regulations, even though the law specifically exempts farming from Clean Water Act regulations and the Supreme Court has also ruled that interpretation of the law by these agencies is wrong.

What makes this worse is that a California federal court has agreed with the agencies, even though the Supreme Court has previously ruled otherwise. It is as if the lower federal court in California have decided they don’t need to follow the rulings of the higher court.


  • wodun

    So because the feds think its a wetland, they can stop the plowing but because the feds think it isn’t a wetland, the farmer didn’t suffer and damages. Clear as mud.

    I think they wrote a book about this, Catch 22.

  • Cotour

    What ever can be done to diminish America and Americans can, will and is being done with purpose and vigor under cover of the “legal” system specifically by this administration and the agencies that it controls.

    The long term goal? America and the power instilled within it through its founding documents which result in freedom for its people, a powerful economy and a powerful military are contrary to the internationalist / Leftist agenda. And these internationalist / Leftist interests have taken over Americas education system and are teaching the “truths” of this intended new paradigm to the children who will one day seize the levers of power one day.

    Let the next election for our country’s leadership demonstrate the peoples extreme displeasure with this current trajectory. All of these actions that seem to appear counter to our country’s interests really are counter to our interests, let no one tell you different.

    What a sick and depraved message about the truth of our leadership, and the people who have ignorantly empowered it, to be compelled to write on this the 4th of July.

  • wayne

    Good cultural reference.

    -For those less aware of our literature;
    “Catch – 22 Explained”

  • pzatchok

    As with any government worker.

    They have set pay rates according to their position.
    And they only get a raise if a position opens up above theirs and they can take it,
    So if no one is dying and no one is leaving the only way to go up the ladder is to make the ladder taller, make your department larger. Then their will be more positions open above your present one. So now you have a chance of advancement.
    Declair more waterways under your jurisdiction and you will need a larger staff and thus more bosses and higher ranked ones so everyone wins.

    Every federal government office becomes a jobs program as soon as their original mandate is met.

  • D K Rögnvald Williams

    And not a peep out of Mr. O to reign in an out of control Federal agency.

  • Cotour


    You make a very interesting and insightful observation which I agree with, government for governments sake can not be big enough, party affiliation at this point is not relevant, its all the same.

  • Edward

    “The bureaucracy is expanding to meet the needs of the expanding bureaucracy.” — Oscar Wilde

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