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Browsing the blog archivesfor the day Sunday, June 18th, 2017.

Farmer Faces $2.8 Million Fine for… Plowing His Field!

Agriculture - California, Clean Water ACT - EPA, Federal gov & land grabs, Over-regulations

Freedom Outpost.com

Tim Brown

A California farmer is facing $2.8 million in fines for plowing his field and planting wheat without a permit.

John Duarte of Duarte Nursery is David going up against Goliath, just like ranchers, farmers and natural health product makers.  His case could set a dangerous precedent that would require farmers to obtain expensive and time-consuming permits from the US Army of Corps Engineers before planting crops.

“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, a lawyer for the Pacific Legal Foundation. “We’re not going to produce much food under those kinds of regulations.”

However, U.S. District Judge Kimberly J. Mueller sided with the Army Corps last June, in which the US Attorney’s Office is asking for $2.8 million in civil penalties.

Why?  Who was harmed?  What real and actual crime took place?

USA Today has the background of the story that began in 2012 when Mr. Duarte planted wheat on land that he bought with his own money, some 450 acres.

Because the property has numerous swales and wetlands, Duarte hired a consulting firm to map out areas on the property that were not to be plowed because they were part of the drainage for Coyote and Oat creeks and were considered “waters of the United States.”Francois conceded that some of the wetlands were plowed but not significantly damaged. He said the ground was plowed to a depth of 4 to 7 inches.

The Army Corps did not claim Duarte violated the Endangered Species Act by destroying fairy shrimp or their habitat, Francois said.

This particular freshwater species is unique to California and southern Oregon and has been classified as a threatened species since 1994 because much of its wetlands in California’s Central Valley were converted to cropland or became urban.

Duarte’s wheat was planted but not harvested because in February 2013 the Army Corps of Engineers and the California Central Valley Regional Water Quality Control Board issued orders to stop work at the site. The agencies claimed Duarte had violated the Clean Water Act by not obtaining a permit to discharge dredged or fill material into seasonal wetlands considered waters of the United States.

Duarte sued the Army Corps and the state, alleging they violated his constitutional right of due process by issuing the cease and desist orders without a hearing. The U.S. Attorney’s Office counter-sued Duarte Nursery to enforce the Clean Water Act violation.

Farmers plowing their fields are specifically exempt from the Clean Water Act rules forbidding discharging material into U.S. waters, Francois said.

The government claims that Duarte did not plow but rather used a ripper, which dug 10 inches into the soil and they allege that it disturbed portions of the property that included wetland areas.

“Even under the farming exemption, a discharge of dredged or fill material incidental to the farming activities that impairs the flow of the waters of the United States still requires a permit because it changes the chemical, physical and biological integrity of the waters,” the U.S. attorney said in court filings.

Francois claims the penalties are unfair because his client believed the plowing exemption allowed him to till the soil.

“A plain reading of the rules says you don’t need a permit to do what he did,” Francois said. “How do you impose a multimillion penalty on someone for thinking the law says what it says?”

Indeed, but even more to the point, what business does the government have telling a man whether or not he can plow or not on his own land?  This is not about wetlands and animals or rivers.  This is about controlling people and their property.  I wish people would wake up to what is taking place in this country with regards to central government controlling land and imposing heavy regulations on private property.

Farmer Faces $2.8 Million Fine for… Plowing His Field!

 

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Man’s wolf bites off child’s arm. Why the animal is still alive.

Wolves

A female wolf that bit off part of a 3-year-old Thurston County boy’s arm in April has been relocated to an out-of-state wildlife sanctuary, along with her pups and her Alaskan malamute mate.

The puppies were born in Thurston County Animal Services’ custody after the adult animals were seized following the attack, said Animal Services Director Ric Torgerson.

“Typically, in a lot of these situations, they end up euthanized,” Torgerson said. “It’s hard to find homes for them. They were lucky in this case.”

Torgerson said tests confirm that the female is 100 percent wolf, and the male is a malamute. That makes the puppies a wolf-dog hybrid.

“In this state, wolf hybrids are considered to be dogs, but they behave differently than dogs in many situations,” Torgerson said.

It’s not legal in Washington to privately own or breed wolves.

But the animals’ former owner, Rick Miracle, said the female, named Cheyenne, isn’t a full-blooded wolf. He calls her a “high-content wolf-dog,” and said that her wolf content is so high that the dog portion wouldn’t register on a test. He said that Cheyenne isn’t mean, she’s just extremely food-motivated.

“She’s not aggressive in a mean way,” Miracle said. “She just liked food.”

He believes that the boy was trying to feed Cheyenne a piece of pizza when he was attacked.

The malamute is named Ed, he said.

A Thurston County Sheriff’s Office report says deputies responded to Miracle’s home, located on the 7000 block of Meridian Road Southeast, at about 3:15 p.m. April 3. Multiple people had called 911 and reported that an animal had bitten off part of a child’s arm.

The boy was flown to Harborview Medical Center and survived his injuries. Information about the boy is limited because he is a minor. However, the Sheriff’s Office report requested that Child Protective Services be contacted regarding the incident.

“Entering the property, I could see that there was a large wooden cage with metal wiring just outside of the main entrance of the property, inside the fenced area,” wrote Deputy Evan Cofer in his report. “Inside the cage were two wolf/malamute breed dogs. At the entrance to the cage was a large amount of blood where one of the two animals has bitten (the child’s) lower right arm off. There was a blood trail from the cage leading into the house.”

Miracle told deputies he had been renting a room to the boy and his mother, a 31-year-old Thurston County woman. The woman reported that she was in her bedroom at the time of the attack, and she thought one of the other tenants was watching the child. The other tenant had been in her own bedroom, according to the report.

No adults witnessed the attack.

Read more here: http://www.theolympian.com/news/local/article156711119.html#storylink=cpy

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Ron Glynn send letter to Oregon elected officials

Op-ed

PNP comment: Ron Glynn sent this letter to Oregon Senator Wyden; Senator Jeff Merkley; Congressman Peter DeFazio.  — Editor Liz Bowen

Dear Gentlemen:

In New York City’s Central Park, there is current play production called Shakespeare In The Park which is currently putting on “Caesar”. The play has been modernized and the character playing Caesar looks like President Donald Trump. In the end of the play, Caesar is violently stabbed to death by a mob of attackers. The liberal audience is clapping and cheering as the Caesar character is murdered. Do you get it? Hundreds of Americans nightly are cheering the murder of President Trump. I challenge you to watch the scene on You Tube. This play is outrageous Nazi style propaganda put on by sick people for sick people.

 I call upon you to condemn this play.

Sincerely,

Ronald B. Glynn

Wolf Creek, Oregon

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