Federal judge denies Duarte request for reconsideration and appeal

A federal judge on Friday denied a request by Duarte Nursery and its President John Duarte to reconsider the court’s June 10, 2016 decision in favor of the U.S. Army Corps of Engineers.

 

Judge Kimberly J. Mueller of the U.S. District Court for the Eastern District of California also denied an “interlocutory appeal” which would have provided for an appeal even before all of the case questions were finally resolved in her court.

 

As a result, the case will now enter its penalty phase. At risk are threats of imprisonment plus federal fines of up to $37,000 per day of violation and parallel charges of $10,000 per day from the Central Valley Regional Water Quality Control Board. See “Plow Field, Go To Jail?” for details and more court documents.

 

An appeal to the Ninth Circuit Court Appeals Court may be possible following the conclusion.

 

One of Duarte’s attorneys, Peter Prows, said they have not yet settled on a strategy going forward.

Full Court Documents Available for Wine Executive News Premium Subscribers.

• District Judge Order Denying Reconsideration

• Corps Brief in Support of Summary Judgment

Previous Wine Industry Insight Coverage

Duarte vs U.S. Army Corps of Engineers

• Plowing Is Pollution, Dry Streams Are Navigable Water Says Federal District Judge In Duarte “Plow A Field, Go To Jail” Lawsuits

• Vineyards, grain supplies have stake in Federal Plowing-Is-Pollution Case

• John Duarte’s “plow a field, go to jail” struggle with Feds makes LA Times

• Duarte Goes On Offensive In Battle with Feds. Outcome May Affect Vineyards, Other Ag

• Duarte wins a round against the Corps of Engineers, judge OKs new charges

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• National Geographic Confused Over Trump Rollback of Clean Water Rule

• How does soil become a pollutant? And a plow a “point source” of pollution?

• Clean Water Act Permits: Expensive, time-consuming, uncertain

• Ag exemptions to the CWA in law and as interpreted by Courts, EPA & Army Corps of Engineers

• Supreme Court’s “Nexus” author expresses second thoughts

• Clean Water Act: A Bare-Bones Primer