Ninth Circuit affirms prison for man who built ponds without permit

November 28, 2017 | By TONY FRANCOIS

The Ninth Circuit issued a disappointing decision affirming the federal conviction of a Montana man for building some ponds without a Clean Water Act permit. … ...


PLF asks California Supreme Court to hear due process case against Coastal Commission

January 22, 2017 | By TONY FRANCOIS

PLF recently filed a friend of the court letter with the California Supreme Court, encouraging the justices to grant review in an important due process challenge against the California Coastal Commission. The Coastal Commission brought a highly questionable enforcement action against our friends at Drakes Bay Oyster Company, accusing the company o ...


Pacific Legal Foundation client John Duarte's case featured in LA Times

January 15, 2016 | By TONY FRANCOIS

Earlier this week, no less than the Speaker of the House highlighted two of Pacific Legal Foundation’s Clean Water Act cases as examples of overzealous enforcement by federal bureaucrats: Andy Johnson‘s fight against the EPA over his stock pond, and Duarte Nursery‘s battle with the Army Corps of Engineers over plowing his farm. To ...


PLF and client John Duarte featured in American Farm Bureau video on Clean Water Act enforcement abuses

December 22, 2015 | By TONY FRANCOIS

Today the American Farm Bureau released this video highlighting Pacific Legal Foundation’s fight on behalf of California family farming company Duarte Nursery, Inc., to vindicate farmers’ due process rights in environmental enforcement. In addition to its due process lawsuit against the Corps of Engineers, Duarte Nursery is also a plain ...


Federal bureaucrat’s response to request for hearing : “just a ranting fishing expedition”

November 30, 2015 | By TONY FRANCOIS

Due Process is a basic element of the rule of law, giving form to the principle that government must act in accord with the law, even when enforcing the law. In the simplest sense, due process is what prevents the government from making secret decisions that deprive you of your life, liberty, or property. This tends … ...


Duarte Nursery submits its due process case against the Army Corps of Engineers

October 23, 2015 | By TONY FRANCOIS

Today, on behalf of Duarte Nursery, Pacific Legal Foundation filed a motion for summary judgment against the Corps of Engineers on the company’s due process claims against the agency. The Corps of Engineers ordered Duarte Nursery to stop farming its land, without giving the company a hearing. This violates the Fifth Amendment’s prohib ...


PLF sues Corps of Engineers for First Amendment retaliation against Duarte Nursery

September 03, 2015 | By TONY FRANCOIS

Today, after the federal court granted leave to file an amended pleading, Duarte Nursery, Inc., and its president, John Duarte, filed this amended complaint against the United States and the Corps of Engineers, to add a claim for First Amendment retaliation to Duarte’s already pending due process claims against the Army Corps. After Duarte s ...


Victory for California water rights builds on PLF’s Duarte case

July 13, 2015 | By TONY FRANCOIS

In the course of California’s long drought, state regulators have taken ever more aggressive measures to gain control of local and private water supplies, under cover of emergency declarations from Governor Brown, and emergency regulations adopted by the State Water Resources Control Board. Some of these measures are aimed at requiring addit ...


Judge again refuses to toss Duarte Nursery's due process claims in PLF suit

March 27, 2015 | By TONY FRANCOIS

In Duarte v. Corps of Engineers, the trial court has, for the second time, denied a motion by the federal government to dismiss Duarte Nursery’s claims for violation of the Due Process Clause against the Army Corps of Engineers. Over two years ago, the Army Corps ordered Duarte off its farm over alleged violations of the … ...