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    Bureaucrats can’t rewrite the law just because they don’t like it

    Jack LaPant thought that he had properly navigated all the necessary regulations under the federal Clean Water Act when he plowed his northern California farmland in 2011 to grow wheat. Multiple agencies said he did not need a permit; but in 2016, government bureaucrats sued Jack for not obtaining a permit, even though the Clean Water Act doesn’t require permits for normal farming practices. Facing millions in penalties and mitigation costs, Jack is fighting back.

    Jack LaPant is a longtime northern California farmer and rancher who, in 2011, set out to plow a piece of his land in order to grow wheat. He followed all the rules of the Clean Water Act and consulted multiple federal agencies before taking plow to soil. During his inquiries, he was even told that despite the presence of previously farmed wetlands, his Department of Agriculture records showed that his property was an active farm.

    What Jack didn’t know was that government bureaucrats were monitoring his farming activity, and in 2016 the Army Corps of Engineers sued Jack for millions of dollars for not obtaining a CWA permit from the United States Army to plow his land.

    Jack shouldn’t need a permit. Congress built an exception into the CWA for “normal farming practices.”

    In addition, the CWA allows the Army to sue only over violations of its own permits, and not for any other type of alleged violation of the Act. Jack’s alleged violations actually fall under the purview of the Environmental Protection Agency, which took no legal action against him.

    Represented by Pacific Legal Foundation free of charge, Jack is asking a federal court to stop the abusive treatment by his own government and drop his case


    • Americans shouldn’t need government permission for normal farming or ranching on their land, even if they decide to take a break for a few years.
    • Congress carved out an exception in the Clean Water Act for normal farming practices. Bureaucrats can’t rewrite the laws to require permits just because they don’t agree with Congress’s policy decision.


    Declaration of Roger Jack LaPant in support of Summary Judgment

    December 20, 2019 DOWNLOAD

    Defendant’s motion for Summary Judgment

    December 20, 2019 DOWNLOAD

    Defendants answer to Plaintiff’s Complaint

    January 23, 2017 DOWNLOAD


    June 30, 2016 DOWNLOAD

    About Pacific Legal Foundation
    Pacific Legal Foundation, America’s most powerful ally for justice, litigates in courts nationwide for limited government, property rights, individual liberty, and a balanced approach to environmental regulations.  PLF represents all clients free of charge.

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    William Hicks
    William Hicks
    2 years ago

    Well, when you have the deep state/administrative state making the rules, they can be laws/rules/regulatios when it suits you and consider them only suggestions when it suits you.

    Ain’t it great?

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