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This is a constitutional crisis, it’s an abuse of government power and it’s a vindictive assault on my family and every farm family in America.”Results from the hearing in Sacramento were not immediately available.
The rural setting and the small ratio of students to teachers combine to create a family type atmosphere.
“This is an abuse of government authority,” Duarte said.
“If those protections of the Clean Water Act can’t stand and protect me now, they can’t stand to protect any farmer in America and the ability to construe new environmental legislation in the future to address future needs is gone.
It should alarm every farmer and everyone engaged in agriculture in California and across America.
Francois started off the conference introducing Duarte who is a fourth-generation California farmer and the .8 million penalty the US Justice Department is seeking, which the justice department is seeking to use the Clean Water Act to justify, he said.
However, the Clean Water Act specifically states that plowing to produce crops does not require a permit through the Army Corps of Engineers.“This is unprecedented abuse of the Clean Water Act to persecute a farmer for merely plowing,” Francois said.
A spring 2018 trial date would also allow time for an important pending case currently in the Ninth Circuit, that could affect the outcome of the Duarte case, to be decided.
The suit revolves around property owned by Duarte Nursery and began with a 2012 visit by an Army Corps of Engineer Representative.