Idaho Ranch CWA Violations Detailed

LINCOLN, Neb. (DTN) -- The U.S. Environmental Protection Agency filed an amended complaint against the 800-acre Ace Black Ranches in Bruneau, Idaho, that outlines how the ranch allegedly violated the Clean Water Act by disrupting continuous surface connections between wetlands and the Bruneau River.

The U.S. District Court for the District of Idaho dismissed the agency's original lawsuit because it failed to show that continuous connection between the river and wetlands, nor did it comply with the Supreme Court's ruling in the Sackett v. EPA case, https://www.dtnpf.com/….

EPA originally alleged the ranch made several alterations to the Bruneau River and surrounding wetlands as part of a sand and gravel operation, all without a Clean Water Act dredge-and-fill permit.

In the amended complaint filed on Sept. 27, EPA provides before-and-after satellite photos showing eight connection points between the river and wetlands.

The photos show roads constructed on the ranch where EPA alleges at least four continuous surface connections were disrupted, including one that directly crosses the river.

"To the extent that some adjacent wetlands may not presently have a continuous surface connection to the Bruneau River, that is because of defendant's violations," EPA said in the new complaint.

"Under Sackett, wetlands that had a continuous surface connection to the Bruneau River prior to defendant's violations are still adjacent wetlands. Prior to defendant's violations of the Clean Water Act occurring in and after October 2017, the adjacent wetlands had a continuous surface connection to the Bruneau River. Defendant's illegal conduct of placing illegal fill and other pollutants between the wetlands and the river had the effect of altering some of the adjacent wetlands' continuous surface connections to the Bruneau River."

In the complaint, the EPA stated that it conducted an inspection of the site in April 2023.

During that visit, the complaint said, EPA excavated sample plots and identified characteristics of wetlands including hydric soil indicators, hydrophytic vegetation "adapted for life in saturated soil conditions."

"The sample plots also confirmed that a layer of fill material had been placed in and on top of wetlands and wetland vegetation," the complaint said.

The ranch faces civil penalties of up to $66,712 per day per violation.

The EPA said in the lawsuit that ranch owners initially agreed to join the EPA and the U.S. Army Corps of Engineers on a visit to inspect the ranch on May 18, 2021.

On May 17, 2021, however, the ranch instead filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Idaho to prevent the agencies from entering the ranch.

That court action was dismissed in February 2022, according to the lawsuit. EPA obtained an administrative warrant in May 2021 and inspected the ranch for the first time from June 14 to June 16, 2021. The agency conducted another inspection from April 24 to April 28, 2023.

Todd Neeley can be reached at todd.neeley@dtn.com

Follow him on social platform X @DTNeeley

(c) Copyright 2024 DTN, LLC. All rights reserved.