Property Rights

Johnson v. Environmental Protection Agency

PLF forces EPA to stop harassing farmer over environmentally friendly stock pond

Andy Johnson built a stock pond on his Wyoming property to provide safer, more reliable access to water for his small herd of cattle. More than the cows benefitted: The pond created wetlands, habitat for fish and wildlife, and cleans the water that passes through it. Nonetheless, the federal EPA accused Johnson of violating the Clean Water Act, demanded that he rip out the pond, and threatened him with fines of $37,500 per day if he did not comply. PLF represented Johnson in a lawsuit against the EPA because “stock ponds” are explicitly exempted from Clean Water Act jurisdiction. The government agreed to settle – the pond stays and Johnson pays no fine so long as he plants willows around the pond and builds temporary fencing to limit the cattle’s access.

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