Skip to content
CapRadio

CapRadio

signal status listen live donate
listen live donate signal status
listen live donate signal status
  • News
    • beats
    • State Government
    • Environment
    • Health Care
    • Business
    • Arts and Lifestyle
    • Food and Sustainability
    • PolitiFact California
    • California Dream
    • Videos
    • Photos
  • Music
    • genres
    • Classical
    • Jazz
    • Roots
    • Eclectic
    • Videos
    • Daily Playlist
  • Programs + Podcasts
    • news
    • Morning Edition
    • All Things Considered
    • Marketplace
    • Insight
    • California State of Mind
    • The View From Here
    • music
    • Acid Jazz
    • At the Opera
    • Classical Music
    • Connections
    • Excellence in Jazz
    • Hey, Listen!
    • Insight Music
    • K-ZAP on CapRadio
    • Mick Martin's Blues Party
    • Programs A-Z
    • Podcast Directory
  • Schedules
    • News
    • Music
    • ClassicalStream
    • JazzStream
    • Weekly Schedule
    • Daily Playlist
  • Community
    • Events Calendar
    • CapRadio Garden
    • CapRadio Reads
    • CapRadio Travels
    • Ticket Giveaways
  • Support
    • Evergreen Gift
    • One-Time Gift
    • Corporate Support / Underwriting
    • Vehicle Donation
    • Stock Gift
    • Legacy Gift
    • Endowment Gift
    • Volunteering
    • Benefits
    • Member FAQ
    • e‑Newsletter
    • Drawing Winners
    • Thank You Gifts
  • About Us
  • Contact Us
  • Close Menu
 We Get Support From:
Become a Supporter 
 We Get Support From:
Become a Supporter 
  • Environment
  • Business
  • State Government
  • Food and Sustainability
  •  

California Farmer To Pay $1.1 Million Fine For Plowing Field

  •  Amy Quinton 
Tuesday, August 15, 2017 | Sacramento, CA
Listen
/
Update RequiredTo play audio, update browser or Flash plugin.

Duarte property near Red Bluff, CA.

 

UPDATE, 1:36 P.M.: A California farmer has agreed to pay $1.1 million in penalties for violating the Clean Water Act.

A federal court last year found John Duarte with Duarte Nursery liable for illegally "ripping" 22 acres of his property in Tehama County, damaging federally-protected streams and wetlands. Duarte had claimed he just plowed his farmland.

The Justice Department says Duarte's recently-purchased fields had not been farmed for at least 24 years and that he had been warned he would face penalties without first obtaining a permit from the Army Corps of Engineers.

Under the agreement reached Tuesday, Duarte will also have to preserve and restore creeks, streams and wetlands connected to the Sacramento River.


ORIGINAL STORY: When John Duarte of Duarte Nursery plowed 22 acres of his land in Tehama County near Red Bluff to plant wheat in 2012, the US Army Corps of Engineers filed a lawsuit alleging those actions damaged wetlands and a permit was required.

A judge sided with the Corps last year.

Now, the trial begins to determine whether to uphold a $2.8 million fine. Duarte could also be forced to pay tens of millions of dollars to restore wetlands.

Tony Francois with the Pacific Legal Foundation, who represents Duarte, says the trial could set a precedent by requiring farmers to obtain costly permits just to plow.

“The Clean Water Act says explicitly in it that normal farming practices do not require Army Corps permits,” says Francois.

But Jon Devine with the Natural Resources Defense Council says Duarte’s actions were a clear violation of the federal law.

“The kind of activity that Mr. Duarte has been found liable for is not normal. The court found that there had been nearly 24 years of no activity that was farming-related,” says Devine.

The case preceded a more controversial set of regulations that extended the Clean Water Act to protect isolated wetlands and small streams, but it's become a poster child for opponents of increased federal regulations.

Francois says the steep fine will shut down Duarte’s business and leave hundreds of people unemployed.


Follow us for more stories like this

CapRadio provides a trusted source of news because of you.  As a nonprofit organization, donations from people like you sustain the journalism that allows us to discover stories that are important to our audience. If you believe in what we do and support our mission, please donate today.

Donate Today  

 agriculturelawsuitfarmingclean waterClean Water Actwater quality

Amy Quinton

Former Environment Reporter

Amy came to Sacramento from New Hampshire Public Radio (NHPR) where she was Environment Reporter. Amy has also reported for NPR member stations WFAE in Charlotte, WAMU in Washington D.C. and American Public Media's "Marketplace."  Read Full Bio 

Coronavirus Newsletter

Get answers to your questions, the latest updates and easy access to the resources you need, delivered to your inbox.

 

Want to know what to expect? Here's a recent newsletter.

Thanks for subscribing!

We'll send you weekly emails so you can stay informed about the coronavirus in California.

Browse all newsletters

Most Viewed

When Can I Get A COVID-19 Vaccine? How Will I Find Out? Answers To Your California Vaccine Questions.

California Coronavirus Updates: Gov. Newsom Signs Bill Incentivizing Schools To Reopen

California To Allow Limited Attendance At Outdoor Stadiums, Theme Parks

California Coronavirus Updates: State Lawmakers Approve $2 Billion Incentive For Schools To Reopen

California To Expand COVID-19 Vaccine Eligibility To Residents With Severe Health Conditions, Disabilities

We Get Support From:
Become a Supporter

Most Viewed

When Can I Get A COVID-19 Vaccine? How Will I Find Out? Answers To Your California Vaccine Questions.

California Coronavirus Updates: Gov. Newsom Signs Bill Incentivizing Schools To Reopen

California To Allow Limited Attendance At Outdoor Stadiums, Theme Parks

California Coronavirus Updates: State Lawmakers Approve $2 Billion Incentive For Schools To Reopen

California To Expand COVID-19 Vaccine Eligibility To Residents With Severe Health Conditions, Disabilities

Back to Top

  • CapRadio

    7055 Folsom Boulevard
    Sacramento, CA 95826-2625

    • (916) 278-8900
    • Toll-free (877) 480-5900
    • Email Us
    • Submit a News Tip
  • Contact Us

  • About Us

    • Contact Us / Feedback
    • Coverage
    • Directions
    • Jobs & Internships
    • Mission / Vision / Core Values
    • Press
    • Staff Directory
    • Board of Directors
  • Listening Options

    • Mobile App
    • On Air Schedules
    • Smart Speakers
    • Playlist
    • Podcasts
    • RSS
  • Connect With Us

    •  Facebook
    •  Twitter
    •  Instagram
    •  YouTube
  • Donate

  • Listen

  • Newsletters

CapRadio stations are licensed to California State University, Sacramento. © 2021, Capital Public Radio. All Rights Reserved. Privacy Policy | Website Feedback FCC Public Files: KXJZ KKTO KUOP KQNC KXPR KXSR KXJS. For assistance accessing our public files, please call 916-278-8900 or email us.