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IDAHO RANCH DEFENDS AGAINST EPA LAWSUIT WITH LEGAL SUPPORT FROM MOUNTAIN STATES LEGAL FOUNDATION
Lakewood, Colo. (May 16, 2024) – Ace Black Ranches (ABR), a historic, family-owned ranch nestled in the heart of Bruneau, Idaho, is pushing back against an unjust lawsuit filed by the Environmental Protection Agency (EPA). And Mountain States Legal Foundation (MSLF) is stepping up to help defend ABR.
ABR recently undertook efforts to enhance the efficiency of its irrigation system and innovate its agricultural practices. This involved transitioning to modern center-pivot sprinkler irrigation, a method commonly endorsed by federal authorities themselves.
However, the EPA has now alleged that ABR’s adoption of sprinkler irrigation led to the destruction of wetlands under federal jurisdiction on the ranch.
In a 2023 case, Sackett v. EPA, the U.S. Supreme Court clarified that only wetlands with a continuous surface water connection to a river, where the wetlands and the river are indistinguishable, fall within the federal government’s jurisdiction as “waters of the United States.” The question is simple: Can you tell where the river ends, and the so-called “wetlands” begin? If not, then consider the “wetlands” a part of the river. But if you can see the difference, then the “wetlands” are not part of the river, and the EPA does not have any jurisdiction to police your activities there.
At ABR’s ranch in Bruneau, the EPA claims that ABR filled in “wetlands” that are within its jurisdiction, but the EPA misses the critical step of explaining how those supposed “wetlands” are indistinguishable from the Bruneau River. Consequently, there is no legal basis for the EPA’s assertion of jurisdiction over these areas—the Clean Water Act does not apply.
Despite being subject to EPA a federal lawsuit, ABR refuses to yield. Armed with a steadfast commitment to justice, and propelled by a lack of credible evidence and a blatant disregard for legal boundaries, ABR is boldly challenging the EPA’s overreach, not only safeguarding their financial stability but also defending their very way of life.
On behalf of ABR, MSLF has filed a motion in the federal court in the District of Idaho to dismiss the EPA’s baseless complaint, with the hope of immediately ending the government’s attack on property rights and ordinary American citizens trying to make a living.
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Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org