California Farmer Caught Up In Legal Battle Over… Soil Being A Pollutant?

(Tea Party 247) – The United States federal government has turned into a mob of money-grabbing bureaucrats with zero regard for the real people who live in the United States. The many, many liberal policies, codes, and laws that have been placed on ordinary citizens is absolutely egregious and can be back-breaking for many business owners, including farmers.

The fact that we have to report to the government on activities we do on our own property is just blatant government overreach. I doubt very much that this was what the founders had in mind when they framed our government structure.

Nonetheless, one California farmer has found himself in the middle of a most ridiculous legal action against him.

DC Clothesline reports:

No one told Jack LaPant that he could be in violation of the Clean Water Act for farming his own land.

That’s mostly because the federal law includes a clear exemption for “normal” farming activities. But it’s also because the government officials LaPant consulted didn’t view overturned dirt that has been tilled and plowed as pollution.

In 2016, the Army Corps of Engineers, which administers the Clean Water Act with the Environmental Protection Agency, began legal action against LaPant for plowing he did in 2011 to plant wheat on a ranch property he owned in Northern California.

But in March 2012, LaPant had sold the property, located in Tehama County about 4 miles south of the city of Red Bluff.

Before plowing his field to plant wheat, LaPant conferred in person with the Farm Service Agency in California, which is part of the U.S. Department of Agriculture.

In a phone interview with the Daily Signal, LaPant said, “All of these government officials I spoke with, and they have all been deposed, they never once suggested that I should go meet with the Army Corps of Engineers.”

“I asked them if it was OK to take this piece of land and grow wheat and they all said it was OK,” he recounted, “Even today, you can go into these offices and they will not tell a farmer that he needs to go and see the Army Corps to farm on his own land. It makes no sense and the Department of Agriculture doesn’t understand any of it, and we are talking about the same federal government.”

This truly reflects one of the biggest problems with the massive federal government. There are way too many departments and none of these departments has a clue about the others. In many situations these governing bodies even contradict each other. When this happens, it isn’t the government who is expected to adjust, it’s the citizens who are expected to adapt and somehow conform to the multiple departments and their outrageous demands.

Oftentimes this costs business owners a lot of money. Money that could be used to grow their business or cover the actual costs of operating their business. The federal government doesn’t care. They only want their piece of the pie. I digress.

LaPant explained that he visited “’four different government folks’ with expertise in soil conservation when he was researching the history of the farm,” according to DC Clothesline.

“They all gave me the same answer,” LaPant said. “They told me, ‘Jack, if you’d like to go ahead and plant it the same way it’s been planted in the past, go ahead. But if you want to go in and plant a permanent crop, then maybe we’ll go back and study it.’ So, I went ahead and planted 900 acres of wheat.”

The legal debacle for LaPant actually started after he sold the property to Duarte Nursery, a family-owned nursery operation based in Tehama County, California. The Duarte Nursery also encountered issues the Army Corps of Engineers.

DC Clothesline reports, “Duarte Nursery entered into a settlement agreement with the federal government after suing the Army Corps of Engineers for denying due process. Pacific Legal Foundation, a nonprofit, public interest law firm based in Sacramento, California, and Washington, D.C., represented the nursery in the case and now represents LaPant.”

It is believed that what ultimately led to the legal actions was the planting of an orchard by yet another company who purchased some of this land in 2012 from the Duarte Nursery. So, now we have a company, Goose Pond Ag, who is planting an orchard which requires different preparation for the land than wheat, and they bought the property from Duarte not LaPant, and the government was still able to drag LaPant into it.

“It’s the orchard planting and the preparations for the orchard planting, which involves fairly substantial earthwork, that really got the Army’s attention and got this whole enforcement action going,” Tony Francois, a lawyer with the Pacific Legal Foundation who represents LaPant, said. “What’s odd about it is that they roped LaPant into it, and we think the Army may have initially thought LaPant was part of this plan to plant the orchard.”

DC Clothesline:

This month, Pacific Legal Foundation plans to submit a motion for summary judgment to the U.S. District Court for the Eastern District of California that could resolve some or all of LaPant’s case based on “application of the law to the undisputed facts in the case,” Francois said.

If the case is not resolved, it could move to a jury trial sometime in 2020.

The Daily Signal sought comment from the Army Corps of Engineers and the Environmental Protection Agency. Neither agency had responded by publication time.

What’s particularly alarming to LaPant and other farmers familiar with his case is that in their view the Corps saw fit to modify the Clean Water Act without congressional approval, Francois said.

What an absolute mess. Just goes to show what liberal lawmakers do. There are so many reasons why President Trump needs four more years. Instead of wasting millions upon millions with sham investigations and impeachment hearings, Congress could be attempting to streamline government agencies and make life actually better for the American people.

Featured image credit: dcclothesline.com/

54 COMMENTS

  1. This is incredibly stupid. The same government that bans a farmer from plowing or otherwise turning over dirt allows Monsanto to reap obscene profits while poisoning the earth (i.e., earth, air and water) with its glyphosate containing weed killer called Roundup from witch weeds have developed an immunity requiring increasingly larger doses. It has been shone that glyphosate damages the liver. Have you ever wondered why fatty liver syndrome has become explosive after 1996 when Roundup became widely used? Glyphosate levels in our drinking water have been escalating, and many foods especially GMOs that absorb glyphosate are becoming hazardous to health. Tons of Roundup have already been sprayed throughout the U.S., and if spraying ceases altogether it will take many years before nature can cleanse itself. Monsanto lied. Glyphosate is not bio-degradable. IF WE ARE NOT NOW LIVING IN A DICTATORSHIP, THEN WHAT DO YOU PREFER TO CALL IT?

  2. Is anyone familiar with U.N. Agenda 21. This is a plan by the U.N. the government has to dictate land use. It is unconstitutional but a long range plan to dictate to the people where they can live, work, and shop. The idea is to relocate every one to designated areas to live and work in the same area. The vacant property is taken by the government and not to allow any person on the land. They will force citizens off their own land as it sounds like here for the government take over. In the western states the feds un Constitutionally own 50 to 90 present of lands and rent them to ranchers as grazing land. They cut the rancher off and bankrupt the rancher to gain ownership of the property. There is one example of this with the Bundy Ranch in Nevada where Harry Reid and others needed Bundy’s property to sell a large tract to a Chinese company. They would make a large sum of money and China would own our land. Bundy spent months in jail with no bond hearing and would not allow Bundy’s attorney in the court room. Due process was denied to steal his ranch for access to give the Chinses to their purchased peoples land. They have slaughtered cattle, burned ranchers out, cut water and grazing land off to destroy ranchers. The demorats will do all for power and money and destroy America in the process.

    • Are you fuxxing retarded?
      Do you seriously think any of this nonsense is anywhere near the truth?
      … grow up dude
      Quit thinking Fox “News” is actual news.
      Better yet… go. Yes… go… away… you obviously do not like America. So fuxxing go…

  3. What we need is a Congress that will say that any change to the regulations must be approved by Congress with a Public Hearing and each regulation voted on separately. Before any government agency can take action against someone for violating the regulations they have to show that you have been given notice and a chance to correct the problem. If you can show that you got approval from another agency then you can not be held at fault. We also need a President who will eliminate government regulations and red tape. The IRS also needs to provide understandable rules and regulations that the average person can understand and agree on the meaning.

  4. First of all. if wheat was grown, Then that ground is contaminated. wheat is sprayed with Monsatos finest yes it is sprayed with with round up in mass quantity. ground will remain contaminated for at least 20 plus years. corn and soybean are about the only other crops that are grown in this contaminated soil. corn grown in this soil is not regulated for this contamination, and it is usually 400 to 4000 times the allowable limits set by the FDA. thats how deep the co. of Monsantos is in the pockets of the .FDA. ENOUGH SAID.

  5. The farm bills began in the 1930s and was meant to help farmers survive during the great depression. To stop the likelihood of mounds of wheat going unsold and not dispersed, many of the rules and regulations began at that time. This bill was meant to help the small farmer and it did.
    The bill still helps the ordinary small time farmer. Is the owner now an experienced farmer?Has he kindly talked to his neighbors about the situation?Before becoming furious, he needs to research in his area so he/she can know all the history, and develop a sensible plan for his problem. Just because someone does not instantly accede to personal plans does not cause someone else to be the
    wrong one. In farming, there are so many problems. Rain doesn’t fall, Hail
    wipes out ready to harvest wheat, on and on. In parts of the USA, farmers state,
    My hobby is growing wheat because some need another job in addition to their farming.

  6. A number of years ago the Feds came down on a property owner for allegedly diverting the flow of a stream on his property. They threatened him with lawsuits, fines, etc. pointing out that he was violating a number of federal and state environmental laws and basically upsetting the very foundation of our universe. He responded to them by inquiring if they wanted him to blow up the beaver dams and the beavers that had constructed them. If I recall correctly they did not bother him again but I cannot vouch for the fate of the beavers.

  7. I agree with the comments of Sandra Lee Smith and lots of others, plus the censoring of comments from some who expose too much incriminating information on the out of control of other special interest government de Facto government in other words!
    What we have goes back to Woodrow Willison as president of the u.S. and Edmond M. House. there conspiracy to convert the states of American citizen’s to that of CORPORATE PERSONS! This way your a creature of the government! What the government creates is it’s child and there for it controls! They the small group behind this massive operation do not want the stupid American people getting informed and mad enough to do something about it! This go back to 1933 and is operated by way of your BIRTH CERTIFICATE, SOCIAL SECURITY and your STRAW-MAN account! [By the way, your STRAW-MAN account has the last I read $160,000 dollars in it listed under your SOCIAL SECURITY number]. These two wroth about there secret dealings and how they were going to disenfranchise the people and how the stupid people would likely never ever feagear all this out!

  8. This isn’t the lunacy that has been allowed to happen as the American people have been in represented for many years now. Congress run amok. State Gov’t in stars like California and New York have run amok despite the people. It’s all about control and that is all they want. Time to stand up against this kind of abuse of power. Call them out publicly and flood their offices with phones calls and emails. Line in the sand.

    • founding fathers made it conform to “LIMITED GOVERNMENT” and what did we get today is government run lives, as in SANDERS, WARREN and AOC. i. e. SOCIALISM

  9. I am a CPA and the government especially CA has so many laws and regulations that it is hard for my small business to stay ahead of them.
    Worse, the penalties and costs to comply is outrageous. The state wants more taxes.

  10. The BIGGEST threat to our country are THE UNELECTED bureaucraps that have burrowed DEEP into the government, we SHOULD run them ALL out of government and start over, PERIOD!

  11. I would like to see the farmers of our country go on strike and just grow what they need for their own use. I wonder how long the cities and Washington DC would exist if the food supply dried up. FEDERAL GOVERNMENT watch what your doing because contrary to your popular belief you have no power except what the people give you. If the farmers of our great nation decide not to farm you are going to be in a lot of trouble.

  12. Second level bureaucrats are making the laws in accordance with their own political agenda in America today instead of the Constitutional delegated Legislative branch of the Governments. No one is watching what these power grabbing Departments are doing in an effort to become the dictators of this Country. Until they are brought under control by eliminating the Civil Service codes that prevent these would be demigods from being fired for usurping authority that does not legislatively belong to them the people in this Country will be whip sawed like serfs on their own land.

  13. California is sooo screwed up, just look at the fires and no realistic management of the forest. Liberal law makers and this is why our country does not need any more democrats. Some of the largest examples would be Nancy Pelosi and Adam Schitthead both from the great state of CA.

    • They aren’t “liberal”; our Founders were liberal (favoring liberty w/ personal accountability); these are LEFTISTS, as in Marxist/communist/socialist, favoring an elite w/serfs to do their labor at their whims (see USSR, China, N Korea, Cuba, Venezuela, etc).
      Elites never care about or for the serfs. All they care about is power, control, & their own immediate comforts & wants, not necessarily in that order.

  14. The government has, as long as I can remember, told farmers what they can and can’t grow as far as crops are concerned. Even on a family farm. But not to tell the farmer the entire truth is out of line.

    • They also dictated how much of their land could be under cultivation at any 1 time, but not which parcels could comprise that amount, and they never had to consult the Army Corps of Engineers to cultivate any part of their own land either.

    • What you are saying is true to a point. If you getting money from the set aside program or dealing with a government funded operation that includes selling your crop the government, they could control production. If, like me, it was privately funded or I funded it. They could not control my production. I preferred it that way.

  15. The Washington Bureaucracy, when Mr. Mercer said we 12 more years to rid ourselves of the swamp, I think he was being conservative. These bureaucracy’s started as one simple office that was able to handle the work load. Then it was decided that more people were needed to do the same work load and it just grew from there. Nobody knows how many duplicate offices there are or there locations. It will take a lot of time and devotion to research them out and evaluate their need. One of the things that could aid in the research is the budget that is submitted each year. The trouble is,each office has to show that they are doing something. This where all the new regulations and mountains of paperwork originate from. How large is it, over 18% of the work force works for the Government. It has been a long time in the making and even longer to clean up. What is happening to these farmers is a prime example of how out of control these bureaucracy have become and the time has come to clean them out, which I don’t believe the congress is willing to do.
    If dirt is a pollutant Then so called engineer need familiar themselves with mother nature and the spring run offs, how a lot of these valleys and canyons were formed and where the lower farm land got their soil.

  16. I think that the Army Corp of Engineers allowed itself to lazily depend on a shister lawyer to file a frivolous lawsuit. Basically throw as much shit at the wall as possible…some of it may stick. The Corp should stick to building bridges and levees…oh, that didn’t vote too well in New Orleans did it? The corruption and greed is going to kill this country!

  17. Outlaw the democrat party, and remove liberal know-nothings from any government positions. Sure would resolve a lot of problems………

  18. There needs to be a COMMON law on these regulations, not a bunch of little “Fiefdoms” putting their “two cents” worth. And, if 2 laws conflict with each other, NULLIFY them BOTH! There is NO excuse for this . . . Let’s get back to COMMON sense (I know, that is a relatively NOVEL or UNKNOWN idea to a liberal). Team Trump and his allies 2020 – KAGA (Keep America Great Again).

  19. The GOVERNMENT state, local, FEDERAL will use any excuse to SQUEEZE MONEY out of anything or anyone. Especially California. TOTALLY CORRUPT THERE!!

    • Here we see the Democrat lawmakers of California and Government agencies twisting and abusing the law for their own illicit greed for power and money, and oppression of the people, particularly the American farmers. If the Army Corps of Engineers actually wins this case in the courts, it will mean that they will have complete control and power to shut down all farming operations in this nation. Another way for the Liberals to commit genocide against their own people by starvation?

  20. WHAT THE FARMERS NEED TO DO FOR ONE YEAR, GO ON STRIKE AND PLANT NOTHING AND LET THE BASTARDS STARVE. THAT IS ALL IT WOULD TAKE, ONE YEAR NO CROP PLANTING, JUST ENOUGH TO TAKE CARE OF THEIR OWN FAMILY.

  21. I have dealt with this kind of governmental nonsense for 40 years. It is what prompted me to get more involved politically.

    These issues of overlapping governing agencies exist at every level. Why? TO MUCH GOVERNMENT!

    Whether it is a Republican or Democrat controlled system of government, government is OUT of CONTROL!

    I recently posted on Facebook, “The USA doesn’t belong to Dems, Reps, corps, or even the media! It belongs to WE the PEOPLE and it’s time we take it back!”

    We, the governed, have given TO MUCH consent to the government.

    I would like to know where my 2016 US Senate opponent Kamala Harris is? After all, did she not tell us in her run for President that when is about justice?

    If Mr. LaPant has yet reached out to Congressman Doug LaMalfa, I recommend he do so, and ask Mr. LaMalfa to see about investigating governmental overlaps. I would ask Mr. LaMalfa to introduce legislation that would address such nonsense that would protect We the PEOPLE from infringement of our Fourth Amendment Rights to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

    If ever sent to Washington, I would certaily be committed to doing so!

    Bob Larivee, US Senate Candidate

  22. Gather up the EGO DRIVEN Bureaucrats pushing garbage like this, give them a quick trial for “EXCESSIVE ABUSE OF AUTHORITY” The HANG THEM IN PUBLIC!

    THAT ACTION, by itself will send a VERY STRONG message to ALL government employees to RESPECT THE PEOPLE!

  23. Hey Nancy and Schiff your elected officials where are you to represent your state? Be sure to vote for the… Not. It had to be soiled before he bought it so the previous owners are responsible. But ultimately it’s the politicians of the state who are responsible for doing nothing.

  24. President Trump doesn’t need four more years, he needs at least twelve more years to clean up the mess that has built up over generations and to change the culture in Washington. After Trump is gone in 2025 even if a republican is elected it will just revert right back to business as usual.

    • I would vote to make him King until death, and even for his son to take his place. I have been a registered Democrat all my life and I have never seen such a crooked money grabbing for self bunch of people that have been elected. If this keeps on we will lose our country or have a one person control. WE THE PEOPLE SHOULD MAKE THE DECISION NOT SOME CROOK IN WASHINGTON.

    • Don’t give up on our President….He has many relatives that have been learning at his knee. The Trump Magic will be ongoing in CA for generations to come, just watch !!

  25. Why is this happening in our country? This is not what Americans do to each other. I believe liberals treat conservatives this way because they absolutely hate them. We now have Democrats doing what they want and going against state and federal law by changing that law arbitrarily. This causes civil war when people feel their government is against them. Very dangerous.

    • WE HAVE TURNED OUT TO BE WORSE THAN WHAT GERMANY WAS IN WOURLD WAR 2, HITLER KILLED A FEW MILLIONS, WE HAVE ALLOWED THE KILLING OF 70 PLUS MILLION BLACK BABIES AND MILLIONS OF OTHER RACES, YET THE NEWS MEDIA AND OUR FORMER GOVERNMENT OFFICIALS PROTECT THIS. MURDER IS MURDER AND IF THE HEART IS BEATING AND YOU KILL IT, ITS MURDER.

  26. Socio-Communists bureaucrats, wedged into every nook and cranny of the D.C. Swamp, and each of them sucking the very life out of this nation with enforcement of legislative cranial flatulence(brain farts) passed by the equally incompetent elected officials, and on both sides of the political aisle!

  27. What a nightmare for a simple farmer! But fear not, Pacific Legal Foundation comes to the rescue – again! They’re today’s white knight in shining armor.

  28. You need a permit from someone that has never held a shovel of a rake in their life.
    If he were to plant legal pot instead of wheat, he could get get all kinds of government money! He would be a Hero to the left!

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