LINCOLN, Neb. (DTN) -- A federal court delayed a Clean Water Act case against a Bruneau, Idaho, ranch by 60 days to give the Trump administration time to decide whether to continue to pursue the case.
The U.S. District Court for the District of Idaho granted a motion by the federal government to delay the case against Ace Black Ranches on March 27, 2025, meaning the Trump administration is expected to decide by the last week in May.
The U.S. Environmental Protect Agency alleged the ranch made several alterations to the Bruneau River and surrounding wetlands, as part of a sand and gravel operation on the property. The agency alleged the ranch had been operating without a Clean Water Act dredge-and-fill permit.
The court previously dismissed the lawsuit against Ace Black Ranches, ruling the agency did not comply with the Supreme Court's ruling in the Sackett v. EPA case. See that here: https://www.dtnpf.com/….
An amended complaint filed by EPA includes before-and-after satellite photos showing eight connection points between the Bruneau River and wetlands on the ranch.
The photos are purported to show roads constructed on the ranch where EPA alleges at least four continuous surface connections were disrupted, including one that directly crosses the river.
Attorneys for Ace Black said the EPA's new complaint does not say when the ranch or anyone else "allegedly cut off" the river from adjacent wetlands.
EPA said in the amended complaint, however, that "historical aerial imagery since October 2017 reveals sand and gravel mining operations and equipment on the site."
Ace Black said EPA does not have "unconditional authority" to order landowners to reconnect severed wetlands. In addition, the ranch's attorneys argue the statute of limitations ran out as it pertains to the ranch's actions.
Under federal law, the EPA can only file a lawsuit or proceeding to enforce civil fines, penalties or forfeitures within five years from the date when a claim is first made.
In the amended complaint, the EPA stated it conducted an inspection of the site in April 2023.
The ranch faces civil penalties of up to $66,712 per day per violation.
The EPA said the 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 federal court 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.
Read more on DTN:
"Idaho Ranch CWA Violations Detailed," https://www.dtnpf.com/…
Todd Neeley can be reached at todd.neeley@dtn.com
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