Property Rights

Duarte Nursery v. U.S. Army Corps of Engineers

Wheat farmer vs. the federal government: will the Constitution prevail?

John Duarte and Duarte Nursery, in rural Tehama County, California, received a cease and desist order from the U.S. Army Corps of Engineers for engaging in normal farming activities (i.e., plowing) that purportedly affected wetlands. Duarte was not permitted any type of hearing to defend himself. Duarte, represented by PLF, sued the Corps for violating his due process rights. The Corps retaliated by suing Duarte for millions of dollars in fines based on rain puddles on the company’s property that the government says are protected wetlands under the Clean Water Act. After five years of litigation, Duarte reached a settlement to protect his family, business, and employees from ruinous fines.

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