California Nurseryman To Discuss Land Use Dispute On National TV Show

Posted by David Eddy|April 14, 2014

John Duarte, President of Duarte Nursery, Inc. in Hughson, CA, and Anthony Francois of Pacific Legal Foundation will appear on the Stossel Show with John Stossel on Thursday, April 17. The segment will cover the highly publicized case of Duarte Nursery, Inc. and John Duarte v. U.S. Army Corps of Engineers.

The case covers the Duarte family’s ability to farm their wheat land in Tehama, about 120 miles north of Sacramento. In February 2013, the Corps issued a cease and desist order and a notice of violation accusing the Duartes of illegally farming wetlands. The Duarte family farmed the land with standard farming practices, arguing that the Corps failed to use proper due process of the law to notify them of wetland farming concerns.

The Corps and the Environmental Protection Agency propose changes to the Clean Water Act, which has significant implications for farmers and ranchers. The U.S. EPA issued suggested changes that alter what “waters of the United States” means and the Clean Water Act’s unique word “navigable.”

The Corps desires to expand its authority over wetlands, leaving farmers in dire situations with land that is unable to be properly farmed, says Duarte, adding that this is abusive regulatory action over farmland. Stossel will cover these details and the implications for what this means to all farmers that may be affected by a similar situation.

For more information, contact Lily Penfold at Duarte Nursery, [email protected], or 209-531-0351. Additionally, those interested can contact Francois at the Pacific Legal Foundation, [email protected], or 916-419-7111.