Farmers vs EPA

The EPA treats small family farmers or someone building a home the same as massive cases of pollution. The reality is that they’re not the same, and treating them as such violates people’s property rights while harming the mission of protecting the environment. For example, California farmer Jack LaPant is currently being sued by the EPA for plowing his property to grow wheat on it. He faces millions in penalties for plowing the dirt on his farm. California farmer John Duarte had to pay $1.1 million after being sued by the EPA for plowing his property. EPA officials threatened him with over $40 million in liability. All in the name of “fighting pollution.”

Pacific Legal Foundation Senior Attorney, Tony Francois: This is not something that needs to continue. There are a couple of things that can fix this problem. First of all, Congress can get clearer in its adoption of the Clean Water Act. That farming is exempt, is not covered by these authorities that the EPA acts under. And the courts could also limit the degree to which EPA can use its authority to regulate dirt being moved or out on farms. We're hoping that in Mister Lapants’ case will be able to convince the courts to rule just that. And he's prepared to take this fight all the way to the Supreme Court if necessary.