Press Release

FBN’s Varney & Co interviews PLF client Andy Johnson over EPA abuse that threatens him with financial ruin

Sacramento, CA;  August 28, 2015: Monday morning — August 31 — Varney & Co on the Fox Business Network will cover Pacific Legal Foundation’s lawsuit over EPA’s attack on a Wyoming farmer and his stock pond.

Wyoming farmer Andy Johnson built a stock pond with state approval.  EPA is threatening him with astronomical fines (nearly $40,000 per day!) if he doesn’t remove it — even though it benefits the environment, and even though EPA has no jurisdiction over livestock ponds.  During the 14 months that he has tried to explain to EPA its error, his potential liability has already grown to over $16 million.

Varney & Co will interview PLF’s client Andy Johnson about the case.  The segment is scheduled to air on Monday, August 31, at 10:10 a.m. (EDT); 7:10 a.m. (PDT).

About Pacific Legal Foundation
Donor-supported Pacific Legal Foundation ( is the leading legal watchdog organization that litigates for limited government, property rights, free enterprise, and a balanced approach to environmental regulations, in courts across the country.  PLF represents all clients free of charge.

Case Attorneys

Jonathan Wood


Jonathan Wood is an attorney at PLF’s DC Center, where he litigates environmental, property rights, and constitutional cases. He is passionate about finding constitutional, effective, and fair solutions to environmental … ›

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A Promising Development For Wyoming Rancher Andy Johnson

Harold Johnson and Jonathan Wood revisit PLF’s defense of Andy Johnson, who felt the weight of the EPA’s overreach when he built an environmentally beneficial stock pond on his property in Wyoming In 2012, Wyoming farmer Andy Johnson dammed a stream on his private property, creating a stock pond to provide water to his livestock

The pond was constructed to maximize its incidental environmental benefits, including creating habitat for fish, wildlife, and migratory birds, establishing wetlands, and cleaning the water that passes through the pond Nevertheless, in January, 2014, the EPA issued a compliance order against him, claiming that the deposit of dredge and fill materials to create the dam

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By Mark Miller

Paul Ryan cites PLF cases in WOTUS op-ed

Paul RyanSpeaker of the House and Congressman from Wisconsin, wrote a timely piece for today’s Omaha World Herald criticizing the EPA’s new waters of the United States (WOTUS) definition Ryan aptly sets out that the new rule is about power, and nothing less:

The Obama administration’s sweeping new rule, dubbed Waters of the United States (WOTUS), could upend the way water is used across the country Allegedly to protect the water supply, the Environmental Protection Agency has rewritten a long-standing regulation so that the EPA can micromanage everyone’s use of their own land, including that of farmers and ranchers

Ryan points at two

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By Jonathan Wood

Congress questions EPA about Andy Johnson's stock pond

Several weeks ago, the New York Times ran a front page article about the Andy Johnson’s stock pond and the EPA compliance order threatening him with more than $16 million in fines Here’s a taste:

The sun was sinking and the brook trout were biting, so Andy Johnson and his daughter Aspen, 6, stepped onto their sun-bleached pier, hooked some mealworms and cast their lines into the most infamous pond in the West

It is just a splotch of placid water amid endless ripples of grazing land here in western Wyoming But in the two years since Mr Johnson dammed a small creek running through

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