Farmer faces $2.8 million fine for plowing his own field

redding.com-

A farmer faces trial in federal court this summer and a $2.8 million fine for failing to get a permit to plow his field and plant wheat in Tehama County.

A lawyer for Duarte Nursery said the case is important because it could set a precedent requiring other farmers to obtain costly, time-consuming permits just to plow their fields.

“The case is the first time that we’re aware of that says you need to get a (U.S. Army Corps of Engineers) permit to plow to grow crops,” said Anthony Francois, an attorney for the Pacific Legal Foundation.

“We’re not going to produce much food under those kinds of regulations,” he said.

However, U.S. District Judge Kimberly J. Mueller agreed with the Army Corps in a judgment issued in June 2016. A penalty trial, in which the U.S. Attorney’s Office asks for $2.8 million in civil penalties, is set for August.

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Trump should intervene

34 Comments on Farmer faces $2.8 million fine for plowing his own field

  1. I dont feel least bit sorry for this idiot farmer. You cant destroy wetlands. And then plowing up a field that was obviously determined to be HEL (highly erodable land) was plain stupid. HEL land can only have no-till or minimal tillage practices done. These are rules every farmer knows about and should be adhered to in order to save the soil from erosion and keep it and chemicals from going into rivers and streams. Plus crop yields are higher due to no compaction. Farmers have to get a determination done on land where you want to take out bunch of trees also, yet another rule we all know about and follow.




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  2. So someone thinks keep crops from being planted will save the land? Any farmer knows that’s a load of bs.
    In fact, if you are involved with large construction and infrastucture projects you know it’s a requirement to have plantings to prevent erosion.
    Are these more fake scientists hired by BO?




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  3. If they were at all serious about erosion and the environment then why in Hell could they ever approve a nationawide mandate to use corn ethanol as a motor fuel !?!




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  4. Farmwife,
    I’m very familiar with that area. There’s no way in hell you could classify that area as a Wet Land. Or “HEL”
    Most of Tahema county is dead flat with volcanic rocks strewn through out the fields.




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  5. I have walked across many rivers in Cal, never got wet.
    An arroyo aint a river and erosion, kidding right, what do you think an arroyo is?
    If he ‘plowed’ the wetlands, it isn’t wetlands.
    O’Baja overreach ordinance obstructing ordinary objectives.




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  6. Shame on him. He tried to farm The King’s land without first asking The King’s permission.




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  7. @Bad Brad, HEL has nothing to do with land being flat. Its the type of soil that determines erosion. Land could have a big hill and be Non-HEL. And wet lands could be a spot where water pools and cant drain on it’s own. If tiling is needed to drain it then its possible its a wetland.
    This is only a tip of what farmers go thru to stay compliant with the rules and regulations the govt puts on us. We dont like alot of them but there are some that is common sense. But the farmer should know the rules so they dont screw up like this guy did. We have a neighbor to the north of us that lost his farm for planting thru a wetland.




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  8. What a government bureaucrat calls wetland, a farmer calls a good spot to plant okra.
    If they want to control it, buy it, or STFU.




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  9. I wasn’t your neighbor’s farm. In today’s world, it was a piece of land he thought he purchased but was only renting from the various governments with the rent being the various required taxes. Don’t pay these taxes and “your” land is taken away. No different than an apartment renter who doesn’t pay their rent.

    There is no private ownership of land in America anymore. And, of course, you don’t really own your home either. It is leased from the various taxing authorities.




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  10. @FarmWife You may have valid points that pertain to this farmer or it may be that a government bureaucracy is once again out of control as we saw repeatedly in this area of the country. It’s hard to understand why our government would fine a family farmer $2.8 million – more than it fines crooked individual bankers who destroy people’s lives and cost taxpayers billions.




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  11. Let the FBI investigate, they will find no intent on behalf of the Farmer farming his own land. He was just careless.

    I mean it’s not like the farmer put our national security at risk, deleted information after he was subpoenaed, lied to Congress or got an ambassador and CIA operative Killed.

    California and the Corps of Engineers the best example of Communism at work.




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  12. Yeah duh. It’s California. They’re bat crap crazy. Move somewhere else. This is as surprising as an American being imprisoned while visiting North Korea.




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  13. Next county over from us. Our Congressman asswipe here is Doug LaMalfa, who is a rice farmer. He gets subsidies from the government. I email him every once in a while and ask him if he’s enjoying those subsidies that we’re paying him. I call him turn coat and a few other choice things. He won’t get reelected here that’s for sure. As for the farmer, I hope he wins his case.




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  14. @Jon, I just love it when someone who doesn’t live here tells us to move somewhere else. I’m sure that you have a house, family, friends, church, etc., that you would not be willing to give up just because of a few assholes in charge. I’m sitting within 1 mile of a disaster that may or may not be fixed. If it doesn’t get fixed, you won’t be eating too well nor the rest of the country. My house is paid for, my family lives here, the weather is great, so why should I move. We travel a lot, we’re close to the airport, to a cruise ship, to great parks, and people say move! WTH!




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  15. @Goldenfoxx

    There are still Churches in CA?? Kidding. Sorry for your predicament. Move to TX or NC. We can use your red vote. It’s wasted in CA




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  16. As a farm boy I have a few points to interject.
    1. It’s a fucking mudpuddle not wetlands.
    2. Farming is hard enough. Having a beuracracy included in the mix does not help.
    3. The USDA is a criminal enterprise.




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  17. Had the farmer NOT plowed his field, he would likely have gotten a
    Weed Abatement order, and fine for failure to comply.




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  18. “Yeah duh. It’s California.”

    Let me help you out here pal, The Army Corp of Engineers does not answer to California. Neither does the 9th. That’s a Federal Court. And your actually talking about the heart of Jefferson. Ultra Conservative.




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  19. So plowing 4 to 6 inches deep is OK, but plowing 10 inches deep is not? Farming is exempt from the clean water act except when it’s not? Yes, Trump needs to intervene. “Vernal pools” and “fairy shrimp” is pure unadulterated B.S. Government run amok.




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  20. Okay people listen up. We farmers don’t want to take any government subsidies we are forced to take them by way of crop insurance. Govt pays a percentage of our crop insurance. So by purchasing ins. we HAVE to report our crops, our acres, our tillage practices to usda. But we have to protect our investments in case of drought (had one in 2012), flooding (having that now). So we buy crop insurance. But that’s the only subsidy that me snd my husband get. And we’d like for the govt to not pay it but we aren’t anybody we cant get them to stop. We just want to farm in peace and feed the people.
    Oh and moldboard plowing ruins the land over time. No-till is less compaction and plus it saves on diesel fuel and manpower.




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  21. Whatever the merits or demerits, this is further confirmation of Orwell’s perceptiveness.




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  22. I don’t see that he has a problem, he did not “intend” to brake the law, so how can he possibly be prosecuted?




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  23. Bad Brad, you get it. We are The State of Jefferson. We do have a sheriff who does have a pair and takes no crap from DWR here. As for the Corp of Engineers, I wish they’d take over this disaster of a project. Construction guy got hurt today. Another guy hit his cab with his backhoe bucket. You know that weed is legal here in CA. Any drug testing going on at these dangerous projects? I bet if they were, no one would qualify to work. Nov. 1 is the deadline to get this spillway repaired. Watching the activity going on is like watching paint dry. I’m holding out to the bitter end, Texas is not the answer, too many from California are going there. Soon, it will be just like CA. So, I’ll stay where I am. BTW, my sister is moving to text in 3 days, she can’t wait.




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