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Property Keyed to Sprankling
Borden Ranch Partnership v. U.S. Army Corps of Engineers
Facts
Plaintiff, Angelo Tsakopolous, owned an 8,400 acre ranch in California. Plaintiff tried to convert the ranch into a vineyard and orchard. The conversion would require a deep root system. To implement the deep root system, Plaintiff began a deep ripping process, causing a restrictive layer of soil to be torn up and disgorged by four-to-seven foot long metal prong, which would drag behind a tractor or bulldozer. Defendants, the United States Army Corps of Engineers and the Environmental Protection Agency, tried to place limitations on the deep ripping. Defendants issued a cease and desist order, created an Administrative Order on Consent with Plaintiffs, implemented a regulatory-guidance letter, and, lastly, asserted a Administrative Order to Plaintiff. Defendants’ contend that their legal basis for their actions was protected under the Clean Water Act, which prohibits the discharge of pollutants into the United State’s water. Plaintiff brought suit on the grounds that the Defendants did not have the proper authority to implement their limitations. The United States brought a counterclaim seeking an injunctive relief and civil penalties. The district court sided with the United States, and Plaintiff appealed.
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