Skip to comments.Fedsí shutdown of a California farm threatens all farmersí rights
Posted on 02/14/2014 11:46:05 AM PST by WilliamIII
Every Spring, farmers plant; every Fall, they harvest. In so doing, they make their land productive and feed the nation. So important is the bedrock role of farming in our culture that even Congress, when it established the onerous wetland permitting requirements of the federal Clean Water Act, expressly and clearly exempted farming. The reason is clear: a nation that would require its farmers to spend, on average, two years and $270,000 to get a federal permit to plant and harvest crops would not long be able to feed itself.
But despite that clear exemption, and without a hearing, the Army Corps of Engineers has shut down a farm in Northern Californias Tehama County, on false charges that it should have applied for a wetlands permit.
In late 2012, Duarte Nursery planted a winter wheat crop on farm ground south of Red Bluff. Then, a year ago, with no prior notice, the Army Corps issued a cease and desist order to Duarte Nursery and its president, John Duarte, finding them both in violation of the Clean Water Act for farming without a wetlands permit, and ordering them to halt further farming.
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They should have done the same thing when I discovered a tree with a hole in it that made believe a spotted owl had made a home there. Cut it down and let it rot.
America is a communists dominated Country. America will never be a Constitutional land again and will become a dictatorship when the economic fall begins. And Americans themselves are the stupid ignorant fools not to see this.
People flee oppression and tyranny to come here .. To be fed more of the same.
Talk about a transformation.
the bureacrats know they are now led by a dictator who will stand behind them, Constitution nor law will delay the bureacrat
The owner must have been a Tea Party supporter.
Tea Party supporter?
The IRS will be after him for the income tax he MIGHT’VE generated had the crop been harvested.
I was a Farmer-Wholesaler/Grower-Retailer for 22yrs, and had occasional run-ins with ACoE, EPA, DER, DNR, DEP etc, and they’re all Nazi fascist control freaks. I folded and liquidated my Family Farm Business on Nov 1, 2011, and am glad to be retired. Their rules, regs, hearings, inspections, fines etc were just too much.
This is very like the Sackett v EPA case where the agency issues a finding and punishment with no prior notice or hearing for the landowner.
The EPA was bitch slapped by the USSC in Sackett and I can’t imagine that this case will be any different given the strong similarities of making findings on erroneous “facts”(i.e. made up by bureaucrats to reach a previously decided outcome) and then using the crushing power of the state to prevent the landowner to dispute the alleged “facts”.
Pacific Legal Foundation has done great work in helping citizens assert their property rights against Leviathan.
He who controls the food.......