WV Farm Bureau Magazine June 2016 | Page 5

Supreme Court Rules Farmers and Ranchers May Sue to Stop Clean Water Regulation of Ordinary Farmland A unanimous decision by the U.S. Supreme Court ruled landowners may challenge the federal government whenever the Army Corps of Engineers tries improperly to regulate land with regulations designed to protect water. Landowners have attempted many times to challenge Corps rulings known as jurisdictional determinations, but the government successfully argued that those determinations were not "final agency actions" and the lawsuits were dismissed. Now, when the Corps asserts jurisdiction over low spots that look more like land than water, it will have to do so with the knowledge that its jurisdictional determination can be tested in court. "Today's decision removes a huge roadblock that has prevented landowners from obtaining relief from the courts when the Corps illegally claims their land is federally regulated water," AFBF President Zippy Duvall said. "Now, farmers and ranchers can have their day in court when the government tells them they cannot plow a field or improve a ditch without a federal permit." AFBF filed amicus curiae briefs in the lower court and the Supreme Court in support of the plaintiffs who were represented by the Pacific Legal Foundation. The case was titled United States Army Corps of Engineers v. Hawkes Co., Inc. West Virginia’s Attorney General Patrick Morrisey, in cooperation with Ohio Attorney General Mike DeWine, led 21 other states in filing a friend-ofthe-court brief, arguing property owners are entitled to immediately challenge the U.S. Army Corp of Engineers in court anytime its officials label someone’s property as a protected wetland. “Today’s ruling marks an important victory for every West Virginian,” Attorney General Morrisey said. “It yet again prohibits the federal government from using regulation to exceed its authority.” The ruling builds on another unanimous ruling, Sackett v. EPA. The Court recognized that once the Corps finds that a landscape feature is a "water of the United States," there are immediate and often dire legal consequences to the landowner. A farmer can continue a farming activity that results in an unlawful discharge and face an enforcement action with civil fines up to $37,500 a day per discharge, or even criminal penalties. Or, the farmer can spend tens, if not hundreds, of thousands of dollars seeking federal Clean Water Act permits over several years only to have the permit ultimately denied. ATTENTION MINERAL OWNERS Confused About: • Leasing • Pipeline Projects • Your Royalty Payments Become a NARO member and start learning how to manage your oil & gas minerals and royalty interests. Call 1-877-341-3244 today for information NATIONAL ASSOCIATION of ROYALTY OWNERS NOTICE! Oil & Gas Royalty Owners 201 ANNUAL MEETING! NARO - Appalachian Chapter National Association of Royalty Owners Speakers, Networking, Fun! The Greenbrier Hotel Resort 2FWREHU1RYHPEHU, 201 1-800-558-0557 Toll Free West Virginia Farm Bureau News 5