Duarte Farms Settles with Federal Government

California-based Duarte Nursery has agreed to a settlement with the United States in the federal government’s nearly five-year enforcement action over Duarte’s plowing property to plant wheat in late 2012.

The Pacific Legal Fund, along with Duarte Nursery President John Duarte announced the settlement earlier this week.

Under the agreement, Duarte would admit no liability, pay the government $330,000 in a civil penalty, purchase $770,000 worth of vernal pool mitigation credits, and perform additional work on the site of the plowing.

The Corps of Engineers accused Duarte of improperly disturbing a wetland when he plowed the wheat field in 2012. The Corps claimed Duarte was liable for millions of dollars in fines despite a provision in the Clean Water Act which exempts "established farming, ranching, and silviculture activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices."