Articles

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. B ...

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 … ...

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 ...

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 … ...

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 issui ...

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 ...

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 … ...