Duarte Opens Two New Legal Assaults In Federal Court Battle With Corps of Engineers

Late breaking this morning: American Farm Bureau jumps into Duarte fight

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John Duarte has opened two new legal assaults against the U.S. Army Corps of Engineers (CoE) which is demanding more than $2.8 million in fines and damages related to his plowing of a Tehama County, California field in order to plant wheat.

Motion to dismiss CoE legal action

On July 23, Duarte’s attorney’s filed a motion to dismiss the Corps of Engineers legal action against Duarte and Duarte Nursery. The CoE contends that the plowing of the field is falls under the same illegal action as the discharge of polluted dredge material into navigable waters which are protected by the Clean Water Act.

 

Duarte’s motion to dismiss, however, contends that governing federal statutes specifically limit  CoE’s authority to take legal action only against violations of discharge permits issued by the CoE. The motion insists that only the EPA can take legal action against un-permitted discharges.

 

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Writ of Mandamus Filed For Delay of Penalty Phase

Duarte petitioned Federal District Court Judge Kimberly J. Mueller for a short delay in the penalty phase in order to wait for an upcoming decision by the Ninth Circuit Court of Appeals in a case in Montana which could have a pivotal effect on Duarte’s case.

 

Mueller denied that request.

 

Full text available for Wine Executive News Subscribers

Controversial “Substantial Nexus” Concept At Issue

Text available for Wine Executive News Subscribers

Court Documents Available for premium Wine Executive News Subscribers

• Request for Writ of Mandamus
• Request to dismiss CoE Legal Action
• EPA Exhibit to Request to dismiss CoE Legal Action

Previous Wine Industry Insight Coverage

Duarte vs U.S. Army Corps of Engineers

• Congressional Committee takes up Duarte plowing case: Calls on US Attorney General to explain “DOJ Overreach”

• Duarte Nursery faces $2.8 million fine for plowing field

• Federal judge denies Duarte request for reconsideration and appeal

• 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

Clean Water Act & WOTUS Issues

• The Clean Water ACT versus the Clean Water RULE

• 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

 

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