Government Overreach

June 15, 2017

June 15, 2017

Hello everybody out there in farm country. This radio commentary is brought to you by the National Corn Growers Association and CropLife America. They are friends, supporters, and allies of a healthy farm economy and prosperous rural America. Thank you.

And now for today’s commentary—

I talked this week with John Duarte, a California farmer. He is in trouble. He bought 450 acres in 2012. He plowed it and planted it to wheat. He now faces $2.8 million in civil penalties because he did not get a permit to plow and plant. He wasn’t even allowed to harvest his wheat crop. The Army Corps of Engineers and California Central Valley Regional Water Quality Control Board said Duarte needed an EPA water permit to farm that land. 

He needed a permit since the land has numerous swales and wetlands. This farm land drained into Coyote and Oat Creeks which are classified as “water of the United States.” The charge is that he violated the Clean Water Act.

Lawsuits are going back and forth. Duarte sued the Army Corps of Engineers for violating his Constitutional rights. The government counter-sued for failure to adhere to the Clean Water Act. John Duarte told me that in addition to the $2.8 million that they say he owes, other costs could exceed $30 million.

I didn’t think the federal government could deny a farmer the right to farm his land. We have property rights. My farm in Illinois has some low places in some of our fields that could be

classified as wetlands. The fields are right along Spoon River – a “water of the U.S.” We have other low spots that we have tiled so they can be farmed. My understanding is that “normal farming practices” are exempt and you don’t need a permit to plow. However, since the Duarte land had not been tilled in recent years, the government said that makes a difference.

Well then, what about the millions of acres that farmers have in the Conservation Reserve program for up to 10 years? Are they not allowed to plow and plant that land when it comes out of the reserve if it has some wetlands?

This whole Duarte situation is frightening to all of agriculture. 

Such regulatory overreach could potentially put our whole industry in a straight jacket. Gary Baise in our law firm has been asked to help represent John Duarte. We need to win this one for agriculture.

If you would like to review my radio shows going back more than 20 years, just go online to Have a great weekend.

Until next week, I am John Block from Washington.