Author Topic: UPDATED Aug 17 2017: Farmer Faces $2.8 Million Fine For Plowing His Own Field  (Read 1351 times)

Offline Solar

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What a load of shit! WTF are "vernal pool mitigation credits". Is that anything like the Carbon Credit scam the left is running? Of course it is. :sneaky:

A $1.1 million settlement was reached in the case against the northern California farmer charged with crimes under the Clean Water Act for simply plowing his land ahead of planting a winter wheat crop.

The agreement came the same day John Duarte, president of Hughson-based Duarte Nursery, was to stand trial in Federal District Court in a case that began in 2013 when two agencies issued “cease and desist” orders against him.

In a prepared statement, Duarte’s attorney Tony Francois, senior attorney with Pacific Legal Foundation, said that under the agreement: Duarte admits no liability; must pay the government $330,000 as a civil penalty; purchase $770,000 worth of vernal pool mitigation credits; and perform additional work on the plowed site.

The court will hold a hearing in about 45 days to consider the settlement terms. Included in this is an agreement developed by both parties on the “additional work” to be performed on the site. Under the agreement, a portion of the property would be permanently restricted from farming, but could be used for cattle grazing, Francois said.

In a prepared statement, Duarte said, “This has been a difficult decision for me, my family, and the entire company, and we have come to it reluctantly. But given the risks posed by further trial on the government’s request for up to $45 million in penalties and the catastrophic impact that any significant fraction of that would have on our business, our hundreds of employees, our customers and suppliers, and all the members of my family, this was the best action I could take to protect those for whom I am responsible."

In the statement, Francois said Duarte would have preferred to take the case to trial and appeal the court’s liability ruling which says federal permission is needed to plow one’s fields “despite the clear text of the Clean Water Act and regulations to the contrary.”

“John and his counsel remain concerned that legal liability for farming without federal permission undermines the clear provisions that the Clean Water Act affords to farming and poses a significant ongoing threat to farmers across the nation,” said Francois.


https://www.pacificlegal.org/cases/duarte-nursery



By the way? No farmer in Ca has ever had to get a stupid permit just to plow their land.
And that fine? It's pretty damned close to what he paid for the land in the first place.
This is what gets Federal agents killed. All of this over a 1" fairy shrimp, what I always took for bugs or mosquito larva.
These little creatures only live 41 days and live in mud puddles that dry up before summer, where they die off after laying eggs for next year.

A California farmer is facing a $2.8 million fine for failing to get a permit to plow his own field.

Quote
Duarte plowed to a depth of between 4 and 7 inches.

John Duarte bought 450 acres of land near Modesto in 2012 and is now being sued by the federal government for plowing near areas the government considers to be "waters of the United States."

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.


The government claims that Duarte violated the Clean Water Act because he did not obtain a permit to work near the wetlands.

Duarte's wheat was planted but not harvested because in February 2013 the Army Corps of Engineers and the California Central Valley Regional Water Quality Control Board issued orders to stop work at the site. 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.



“Even under the farming exemption, a discharge of dredged or fill material incidental to the farming activities that impairs the flow of the waters of the United States still requires a permit because it changes the chemical, physical and biological integrity of the waters,” the U.S. attorney said in court filings.

The creeks also flow into the Sacramento River, home to endangered chinook salmon.

Ohhh The Horror!!! The Sacramento flows into the Bay Delta where the Smelt is also on the endangered list, and the Delta flows out under the Golden Gate bridge into the pacific ocean, (GASP) where friendly seals play, whales sing to the tourists.

God, I hate Libs!!!!

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

EDIT:
Duarte bought 450 acres in 2012, the govt fined him 2.8 million.
I say the Fed is literally trying to steal his alfalfa ranch, because that's exactly what a hay ranch exactly the same size goes for in Northern Ca.

KRAFT RANCH
Litchfield, CA

$2,800,000   | 450 +/- Acres   | Lassen County

« Last Edit: September 17, 2017, 11:45:06 AM by admin »
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Offline Hoofer

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #1 on: May 24, 2017, 04:43:35 PM »
I would love to hear about Donald Trump, or someone from the federal government step in and FIRE anyone involved in this case.

As for the Army Corp of Engineers - looks like they have a budget surplus, could use some serious CUTTING.
All animals are created equal; Some just take longer to cook.   Survival is keeping an eye on those around you...

Offline Solar

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #2 on: May 24, 2017, 06:14:00 PM »
I would love to hear about Donald Trump, or someone from the federal government step in and FIRE anyone involved in this case.

As for the Army Corp of Engineers - looks like they have a budget surplus, could use some serious CUTTING.
Just 20 years ago, farmers were widening and deepening these pools to capture more water, now they wish they had gotten rid of them.
There is no doubt in my mind this is criminal, but it's not the farmer, it's the Fed trying to steal his land. Yeah, I hope Trump starts an investigation into this scam.
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Offline Rotwang

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #3 on: May 24, 2017, 07:45:49 PM »
By the way? No farmer in Ca has ever had to get a stupid permit just to plow their land.
And that fine? It's pretty damned close to what he paid for the land in the first place.
This is what gets Federal agents killed. All of this over a 1" fairy shrimp, what I always took for bugs or mosquito larva.
These little creatures only live 41 days and live in mud puddles that dry up before summer, where they die off after laying eggs for next year.

A California farmer is facing a $2.8 million fine for failing to get a permit to plow his own field.

Ohhh The Horror!!! The Sacramento flows into the Bay Delta where the Smelt is also on the endangered list, and the Delta flows out under the Golden Gate bridge into the pacific ocean, (GASP) where friendly seals play, whales sing to the tourists.

God, I hate Libs!!!!

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

EDIT:
Duarte bought 450 acres in 2012, the govt fined him 2.8 million.
I say the Fed is literally trying to steal his alfalfa ranch, because that's exactly what a hay ranch exactly the same size goes for in Northern Ca.

KRAFT RANCH
Litchfield, CA

$2,800,000   | 450 +/- Acres   | Lassen County



THIS SHIT HAS GOT TO STOP !!!!!

Offline Ms.Independence

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #4 on: May 25, 2017, 05:05:43 AM »
This is one example of the FEDS attempt to control us with regulations and fines. 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? 

Potentially this could mean that we would need a permit to plant gardens on our own property or be taxed for raising food on our own property.
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another...Governments are instituted among Men, deriving their just powers from the consent of the governed...

Offline Solar

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #5 on: May 25, 2017, 01:10:19 PM »
This is one example of the FEDS attempt to control us with regulations and fines. 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? 

Potentially this could mean that we would need a permit to plant gardens on our own property or be taxed for raising food on our own property.
Yeah, that's really what it comes down to, control, it's the end goal of all dimocrats.
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Offline je_freedom

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #6 on: May 25, 2017, 06:14:17 PM »
This is one example of the FEDS attempt to control us with regulations and fines. 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? 

Potentially this could mean that we would need a permit to plant gardens on our own property or be taxed for raising food on our own property.

Rain barrels are already illegal in Maryland.  It's called "stealing the public's water."
Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue.
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Offline ford

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #7 on: September 16, 2017, 07:53:31 AM »
America needs fewer laws, not more prisons.

Offline Solar

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #8 on: September 16, 2017, 07:59:23 AM »
America needs fewer laws, not more prisons.
Tell me, what would you do away with, that eliminate prison? Keep in mind, most people that use drugs don't wind up in prison unless they harm others.
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Offline ford

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #9 on: September 16, 2017, 08:04:21 AM »
No victim. No crime.

Offline Solar

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #10 on: September 16, 2017, 08:09:49 AM »
No victim. No crime.
Yeah, I just said that. So I'll ask again, what laws would you change?
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Offline Solar

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #11 on: September 16, 2017, 08:18:33 AM »
No victim. No crime.
So let's try an exercise in reality. Define victim. Is that one, or many victims, does not paying ones way in society define creating victims, or are you raising the bar?
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Offline Hoofer

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #12 on: September 16, 2017, 08:29:03 AM »
No victim. No crime.
It is a crime to take money from *ME* to pay for the stupidity of idiots who deliberately harm or incapacitate themselves doing an illegal act.
All animals are created equal; Some just take longer to cook.   Survival is keeping an eye on those around you...

Offline Solar

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #13 on: September 16, 2017, 08:33:26 AM »
It is a crime to take money from *ME* to pay for the stupidity of idiots who deliberately harm or incapacitate themselves doing an illegal act.
:lol:
Dammit Hoof, you ruined it.
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Offline Hoofer

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Re: Farmer Faces $2.8 Million Fine For Plowing His Own Field
« Reply #14 on: September 16, 2017, 09:23:21 AM »
:lol:
Dammit Hoof, you ruined it.

Hoof-in-mouth disease.
All animals are created equal; Some just take longer to cook.   Survival is keeping an eye on those around you...

 

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