Documents

Duarte Nursery v. U.S. Army Corps of Engineers Documents 6-10-16

Order on Summary Judgment Motions

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Case Attorneys

Anthony L. Francois

Senior Attorney

Tony Francois is an attorney in PLF’s Sacramento office, and has litigated cases around the country defending Americans’ property rights from land use and environmental restrictions. He is a member … ›

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Damien M. Schiff

Senior Attorney

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record … ›

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Jeffrey W. McCoy

Attorney

Jeff McCoy is an attorney at PLF’s office in Sacramento, where he works on cases involving environmental regulations and private property rights. Prior to joining PLF, Jeff was a staff … ›

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Case Commentary

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By Jeremy Talcott

Due Process: Criminals vs. property owners

One of America’s most cherished constitutional guarantees is the promise that no one may be deprived of life, liberty, or property without due process of law. Many people know of … ›

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By Anthony L. Francois

PLF statement on Duarte Nursery settlement with Justice Department

August 15, 2017 (Sacramento)

“Duarte Nursery, its president, John Duarte, and Pacific Legal Foundation and their co-counsel announce that Duarte Nursery has agreed to a settlement with the United States in the federal government’s nearly five-year enforcement action over Duarte’s routine action of plowing its property to plant wheat in late 2012,” said PLF Senior Attorney Tony Francois

Under the agreement, Duarte would admit no liability, pay the government $330,000 in a civil penalty, purchase $770,000 worth of vernal pool mitigation credits, and perform additional work on the site of the plowing

“This has been a difficult decision for me, my family, and the entire company, and we have come to it

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Hundreds of California jobs at risk because of government regulations

Employees of Duarte Nursery in Modesto, California talk about why their jobs are important and at risk because of runaway regulations in government agencies When the nursery plowed a wheat field in Tehama, Calif to plant wheat in 2012, the Army Corps of Engineers stepped in and halted work on the project The Army Corps said that John Duarte, president of the nursery, had disrupted land that was a navigable waterway under the waters of the United States The company now is facing millions in fines, which would inherently be felt most by it’s dedicated employees

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