California farmer faces $2.8 million fine for plowing his own field

theblaze.com

A California farmer faces trial this summer in federal court and a $2.8 million fine for not obtaining a permit to plow soil on his own land, USA Today reported Wednesday.

In 2012, John Duarte, owner of Duarte Nursery in Modesto, California, bought 450 acres in Tehama County that he intended to use to farm wheat. The property contained numerous swales, vernal pools — or temporary pools of water that provide habitat for distinctive plants and animals — and wetlands due to being drainage areas for two creeks.

These seasonal wetland areas — so named for being considered wetlands only a part of the year — are considered “waters of the United States,” so Duarte hired a consulting firm to help him map out the areas where he could legally plow.

According to Duarte’s attorney, Anthony Francois of the Libertarian-leaning nonprofit Pacific Legal Foundation, Duarte plowed his land and planted his wheat crop. However, Duarte never got the chance to harvest it.

According to Bovine Veterinarian, Army Corps of Engineers field agent Matthew Kelly came to Duarte’s farm and began snapping pictures of Duarte’s equipment. Duarte claims that Kelly later accused him of illegally destroying the wetlands by “deep ripping” the soil, or mechanically breaking up the ground to access the soil below the reach of plant roots.