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De Omnibus Dubitandum - Lux Veritas

Monday, June 20, 2016

Settlement in Wyoming stock pond case



The Johnson family’s long ordeal with EPA, concerning their construction of an environmentally-friendly stock pond on their private property, is finally over. After ordering Andy Johnson to remove the pond, on pain of tens of millions of dollars in potential fines, the federal government has agreed to settle the case. Importantly, under the settlement, the Johnsons’ pond will remain, they won’t pay any fines, they don’t concede any federal jurisdiction to regulate their pond, and the government won’t pursue any further enforcement actions based on the pond’s construction.

As you may recall, Andy Johnson’s saga began in 2013, when, pursuant to a state permit, he built a stock pond on his property to provide safer, more reliable access to water for his small herd. As former federal regulator Ray Kagel has documented, the pond proved to be an absolute benefit to the environment. It created wetlands, habitat for fish and wildlife, and actually cleans the water that passes through it. Rather than showing gratitude for creating all of these environmental benefits, the federal government accused Andy of violating the Clean Water Act. EPA’s order demanded that he rip out the pond and threatened him with $37,500 per day if he did not comply......he challenged the government’s assertion of jurisdiction......To Read More.....

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