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Tag: Duarte Nursery

December 13, 2018

President Trump tells EPA to drain the swamp; EPA says “not so much”

PLF client John Duarte joined the crew on Fox and Friends this morning to talk about being prosecuted by the Justice Department and the Department of the Army under the Clean Water Act, merely for plowing his company's farm: The five-year ordeal culminated in Duarte Nursery settling with the government for $1.1 million to avoid ...

August 19, 2017

Weekly litigation report — August 19, 2017

Environmentalists warn of catastrophic sun-darkening on Monday! Support for the Supreme Court to toss Michigan’s theft by tax-forclosure scheme Widespread support for “absent frog” case in Supreme Court And widespread concern for unoccupied sage-grouse habitat rules John Duarte settles with the Corps over making mountains out of ...

July 10, 2017

PLF asks Ninth Circuit to delay Duarte Nursery trial

Late last Friday, PLF, on behalf of clients John Duarte and Duarte Nursery, filed a Petition in the Ninth Circuit requesting that it stay the upcoming trial in the Duarte Nursery case. As we have previously reported, Mr. Duarte and Duarte Nursery are facing millions of dollars in fines based on the government's contention that ...

April 04, 2016

What if the Clean Water Act is unconstitutionally vague?

As regular readers know, PLF argued a case in the Supreme Court of the United States last week, U.S. Army Corps v. Hawkes Co., concerning whether property owners can have their day in court when the federal government declares their land subject to federal control. During the oral argument, Justice Kennedy — long-considered the “swing ...

May 01, 2014

Join PLF tomorrow at Duarte Nursery's annual Friends Day open house

Tomorrow several of us will be at Duarte Nursery‘s annual Friends Day on the nursery grounds in Hughson, California, at 1555 Baldwin Road, just outside Modesto.  The event runs from 9am to 2pm, with plenty of interesting things to see and learn about agriculture in California, good food, and even a brief update on Duarte ...

May 01, 2014

US Senator Vitter features PLF's Duarte case on Environment and Public Works Committee blog

Today United States Senator Vitter (R-La), Ranking Member of the Senate Environment and Public Works Committee, featured PLF’s case on behalf of John Duarte and Duarte Nursery against the Corps of Engineers on one of the Committee’s blogs.  Senator Vitter notes that this recent case in California paints a picture of what more Americans ...

April 18, 2014

Stossel Show featuring PLF client John Duarte to re-air Saturday, April 19, 7 p.m. Pacific on Fox News Channel

Last night I appeared with client John Duarte on the Stossel Show with John Stossel, discussing our case against the Corps of Engineers for violating Duarte Nursery‘s due process rights.  The show will re-air tomorrow night, April 19, at 10 p.m. Eastern, 7 p.m. Pacific, on the Fox News Channel. ...

April 16, 2014

Pacific Legal Foundation case to be featured on Stossel program

Tomorrow evening I will be joining PLF client John Duarte in appearing on the Stossel Show with John Stossel on Fox Business Network, at 9pm Eastern/6pm Pacific.  We will be talking about Duarte Nursery v. Corps of Engineers, our case challenging the government’s order shutting down a family farm in violation of due process protections. ...

February 07, 2014

Holding the feds accountable for closing farm without due process

Next Monday morning I will be presenting oral argument in the federal District Court for the Eastern District of California in Sacramento, in the case of Duarte v. Corps of Engineers.  PLF represents Duarte Nursery, Inc., and its president, John Duarte, in their suit against the Army Corps of Engineers, which violated their constitutional due ...

October 10, 2013

Fire, aim, ready!

Today, PLF filed a lawsuit in federal district court in California on behalf of Duarte Nursery, Inc., against the United States Army Corps of Engineers and officials of the Central Valley Regional Water Quality Control Board.  The suit alleges that both of these agencies violated Duarte's constitutional rights to due process of law, by issuing ...

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