Las Vegas Review-Journal

Common criminal

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THE federal government got its man this week. John Duarte will finally be held accountabl­e for his dastardly deed. Mr. Duarte didn’t make the FBI’S Most Wanted list, but the government devoted much time and effort to bringing him to justice. His crime: Tilling his wheat field.

Mr. Duarte is a farmer near Modesto in California. In 2012, government agents accused him of plowing too deeply into his property and injuring wetlands. Under federal law, the Corps of Engineers has jurisdicti­on over navigable rivers, streams and waterways. But Obama administra­tion bureaucrat­s, underminin­g property rights in the name of environmen­talism, distorted the definition­s of “navigable rivers” and “waterways” to assert federal authority over virtually every puddle or pond.

Mr. Duarte, with the help of the Pacific Legal Foundation, decided to fight. But he became a criminal in 2016 when a judge ruled he had violated the Clean Water Act by “deep ripping” his own field without a federal permit.

On Tuesday, Mr. Duarte agreed to a settlement rather than risk being bankrupted by a bigger penalty if he continued to resist. Under the deal, he will pay $1.1 million in fines and “compensato­ry mitigation” — which is government-speak for the creation of a slush fund that regulators will spend on wetlands restoratio­n. The punishment is less than the $2.8 million sought by federal prosecutor­s.

Mr. Duarte now becomes a poster child for the administra­tive state run amok. No matter. The bureaucrat­s got their trophy. A real John Dillinger.

The views expressed above are those of the Las Vegas Review-journal. All other opinions expressed on the Opinion and Commentary pages are those of the individual artist or author indicated.

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