Wyoming rancher beats EPA over stock pond
Good news: A Wyoming rancher who built a stock pond on his property, after obtaining all local permits, and was then hit by the EPA with gigantic fines totaling more than $16 million if he didn’t remove it, has won his case in court.
Under the settlement, Johnson’s pond will remain and he won’t pay any fines or concede any federal jurisdiction to regulate the pond. And the government won’t pursue any further enforcement actions based on the pond’s construction. The only conditions, according to Johnson’s lawyers, are that willow trees be planted around the pond and a partial fence installed to “control livestock.” “This is a victory for common sense and the environment, and it brings an end to all the uncertainty and fear that the Johnson family faced,” said Jonathan Wood, a staff attorney with Pacific Legal Foundation who represented Andy Johnson in his court challenge to the EPA, and in negotiating the settlement.
“The EPA never identified any environmental problems with the pond,” Wood told FoxNews.com. “In fact, it’s been a boom for the environment.”
Though he won his case, because there apparently was no cost to the EPA for attacking him it is really the EPA that has won. In the future I expect them to use their ability to impose fines more widely in even more egregious situations, knowing it will cost the agency nothing and might gain them more power. It will worth it, since the only way to stop them would be to hire lawyers and spend a lot of money in court.
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Good news: A Wyoming rancher who built a stock pond on his property, after obtaining all local permits, and was then hit by the EPA with gigantic fines totaling more than $16 million if he didn’t remove it, has won his case in court.
Under the settlement, Johnson’s pond will remain and he won’t pay any fines or concede any federal jurisdiction to regulate the pond. And the government won’t pursue any further enforcement actions based on the pond’s construction. The only conditions, according to Johnson’s lawyers, are that willow trees be planted around the pond and a partial fence installed to “control livestock.” “This is a victory for common sense and the environment, and it brings an end to all the uncertainty and fear that the Johnson family faced,” said Jonathan Wood, a staff attorney with Pacific Legal Foundation who represented Andy Johnson in his court challenge to the EPA, and in negotiating the settlement.
“The EPA never identified any environmental problems with the pond,” Wood told FoxNews.com. “In fact, it’s been a boom for the environment.”
Though he won his case, because there apparently was no cost to the EPA for attacking him it is really the EPA that has won. In the future I expect them to use their ability to impose fines more widely in even more egregious situations, knowing it will cost the agency nothing and might gain them more power. It will worth it, since the only way to stop them would be to hire lawyers and spend a lot of money in court.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
The question to be answered is; Did this case set a precedent?
If not, they will be back
PeterF:
Unfortunately no, just a settlement. Not a ‘legal-precedent,’ in the way we would hope.
These Administrative Law cases require specialist Lawyers, lots of money, & defendant’s pray they don’t get before a lefty Adm law Judge. As Mr. Z notes, there’s no response-cost for the EPA, they just keep going, onto the next alleged perpetrator.
Serendipity– Mark Levin spent 10+ minutes on this, on his radio show tonight. Top of the 3rd hour, at 1:15:00 for the podcast. No additional details — he cites a Washington Times article—but he has been following this closely. (& is currently suing the EPA for FOIA request obfuscation. They delay so long on these, or are so non-responsive, you have to sue them, which starts a different clock & process running.)
I spoke today with the pacific legal foundation’s president Rob Rivett about just this, precedent vs settlement – PLF represented Johnson – and he says that with a settlement these agencies are at least on notice that they are being watched, and that similar overreach would be challenged. Note PLF is a public interest law firm that defends private property rights. Johnson was represented at no cost to him.
honor:
Good deal, glad to know Mr. Johnson didn’t have to pay out of his own pocket. The EPA has literally endless resources to go after targeted people & Corporations.
If HRC is elected in November, I expect the EPA to continue attacking private landowners.