Washington, DC

The Obama Administration is currently attempting to expand the federal government's power under the Clean Water Act (CWA). EPW Republicans have been concerned with the way this Administration's water-related policies threaten our nation's economy, families, farmers, and small business owners. Click here to read more. A recent case in California paints a picture of what more Americans would face under the Administration's prevailing regulatory proposals.

In February 2013, the U.S. Army Corps of Engineers (Corps) ordered the Duarte Nursery in Tehama County, California to suspend farming operations on their land based on alleged Clean Water Act violations, but did not provide the nursery with a constitutionally-required hearing. Duarte then sued the Corps for depriving them of property rights without due process of law. The Corps responded by moving to dismiss the lawsuit, claiming that Duarte should be forced to endure a long and costly permitting process in order to make productive use of their land.

Last week, the U.S. District Court for the Eastern District of California ruled in favor of Duarte, noting the Corps' Cease and Desist Order had the same legal effect as if the agency "had burned plaintiffs' nursery to the ground in an effort to protect the waters of the U.S."

As a result of the court's decision, Duarte can now challenge the Corps' Cease and Desist Order and proceed in its effort to make the Corps comply with the Constitution's due process requirement. And despite this court decision, the Obama Administration is hoping to expand such intrusions into the lives and private property of even more businesses, farms and families.

Click here to read more.

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