Government Fining Farmer Almost $3 Million for Farming

The Army Corps of Engineers is punishing a farmer for tilling his field instead of plowing it.

The Army Corps of Engineers wants to plunder a farmer for working his own land. He bought the land with his own money, but he doesn’t own it. He doesn’t have control over it. The Army Corps claims that he needs a permit to work his land.

This is obviously just another instance of government overreach—one that might eventually interfere with food production.

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According to the Record Searchlight, “Farmer faces $2.8 million fine after plowing field.

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 their fields.

“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, an attorney for the Pacific Legal Foundation.

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

However, U.S. District Judge Kimberly J. Mueller agreed with the Army Corps in a judgment issued in June 2016. A penalty 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, bought 450 acres south of Red Bluff at Paskenta Road and Dusty Way west of Interstate 5.

According to Francois and court documents, Duarte planned to grow wheat there.

Because the property has numerous swales and wetlands, Duarte hired a consulting firm to map out areas on the property that were not to be plowed because they were part of the drainage for Coyote and Oat creeks and were considered “waters of the United States.”

Duarte was legally permitted to plow his own land, but he thought that meant he could also till it. The Army Corp disagreed and so they took him to court.

Read the rest of the story.

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About the author

Joe Scudder

Joe Scudder

Joe Scudder is the "nom de plume" (or "nom de guerre") of a fifty-ish-year-old writer and stroke survivor. He lives in St Louis with his wife and still-at-home children. He has been a freelance writer and occasional political activist since the early nineties. He describes his politics as Tolkienesque.

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