The Farmer vs the Federal Government

Environmental law today is largely built on statutes written in the late 1960s and 1970s. Unsurprisingly, they reflect the anxieties of that era: a belief in imminent ecological collapse, distrust of markets, and a presumption of government control.

Collectively, these laws—through both overreach and direct enforcement—have cost billions of dollars in lost economic activity and upended countless lives.

The Clean Water Act, for instance, has been used by federal agencies to claim jurisdiction over nearly every wet patch of land in America. Seemingly arbitrary, heavy-handed enforcement only adds insult to injury.

Consider Jack LaPant, a California farmer who endured eight years of torment and lost more than $1.2 million in fines, property, and fees for plowing farmland he owned to grow wheat.

Even though Jack’s farming was allowed under local zoning laws and he was told by multiple federal agencies that he did not need any federal permits to plant wheat, the U.S. Army Corps of Engineers said after the fact that they considered his land a federally protected wetland and that he needed to get a federal permit to farm it.

“I went down before I purchased the property and talked to different government agencies and told them my plans and I got their approval and then I did exactly what I said I was going to do… If you can show me what I did wrong, I’ll take responsibility for it. If not, then I get to the point where I figure all of this is just extortion. They’re just trying to take and overpower me to get money out of me.”

Jack never got any clear answers, other than being told repeatedly that he broke a law that didn’t apply to his situation.

“I always thought that what was right was right, and what was wrong was wrong, and always looked at the judicial system as only looking at things, trying to punish you if you did something wrong and not punishing you if you didn’t.”

Pacific Legal Foundation represented Jack in court. In 2020, after years of legal battles and facing potentially ruinous fines if he lost his case, he decided to settle with the Army Corps to avoid losing his entire farm, his livelihood, and his family’s legacy.

Even after PLF’s landmark Supreme Court victory in Sackett, which significantly limited Clean Water Act authority and freed millions of acres of land for productive use, Americans continue to find themselves on the receiving end of the Army Corps’ wrath.

Folks like retired Florida pediatrician Dr. Sedigheh Zolfaghari, Idaho-based Rebecca and Caleb Linck, and the owners of Teancum Properties in Utah have all experienced similar nightmares to the LaPant family.

Thankfully, like Jack, they aren’t the type to back down from a fight.

As long as Americans’ constitutional rights hang in the balance, we’ll be ready to stand with them.

If you agree that a better world is possible through liberty—that a thriving environment and free individuals are not in conflict—subscribe below to follow along.