Plowing is polluting? Wheat farmer loses clean water case

Judge Kimberly Mueller on June 10, 2016 in the U.S. Eastern District Court of California found that John Duarte, a nursery operator and wheat farmer, plowed wetlands, four to six inches deep, and therefore violated the Clean Water Act (CWA).

The Judge found Mr. Duarte, by chiseling a pasture, discharged fill material into a water (vernal pool) of the United States. Get this! The Court wrote β€œIn sum, soil is a pollutant. And here, plaintiffs instructed [a contractor] to till and loosen soil on the property.”

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