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Tag: farming

December 11, 2016

Diligent landowner threatened with colossal fine for unpredictable accident

Accidents are inevitable. But even similar accidents are not necessarily equal. Human culpability and responsibility matter a great deal. That's why it's instinctive that a person who recklessly causes an accident and completely ignores it should endure a more severe punishment than an innocent person who strives to make things right. But those ins ...

June 13, 2016

Federal court rules that plowing without an Army Corps permit violates Clean Water Act

Last Friday we received a disappointing decision in Duarte Nursery v. Army Corps of Engineers. The court ruled that the company violated the Clean Water Act by plowing its property, even though the Act exempts normal farming practices. And, the implementing regulations state that plowing is never even subject to the Act, so long as ...

October 23, 2015

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

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 ...

March 27, 2015

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

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 ...

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 ...

March 22, 2013

Put down the legislation, and step away from the property rights

When I posted about supporting farming on AgDay this week, I was thinking about the importance of protecting farmers’ property rights.  And maybe that legislatures should act to reduce the regulatory burdens farmers face.  On the other hand, some members of the California legislature think that supporting farmers requires stripping them of ...

March 19, 2013

National Agriculture Day

A friend once explained the importance of agriculture to me in a way I have never forgotten:  “Every last physical thing that you use in life, was originally either grown from the ground or dug out of it.”  Ponder that for a moment (and yes, the seas and rivers are included). Today, March 19, is National ...

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