WA Ranchers Face Millions in Costs After State Wetlands Dispute

A Washington ranching family is taking its fight against the Washington State Department of Ecology to the Court of Appeals after a judge dismissed their lawsuit seeking the right to have a jury decide a major wetlands and property rights dispute. Wade and Teresa King, owners of King Ranch in Grant and Douglas counties, are appealing after a Grant County Superior Court judge dismissed their case. The Kings are fighting more than $260,000 in penalties imposed by the Washington Department of Ecology and potentially millions of dollars in costs associated with restoring land the state claims contains protected wetlands. The dispute centers on stock-water ponds used as part of the family's cattle ranching operation. The Kings say they performed customary maintenance on the ponds, while the Washington Department of Ecology alleges that work disturbed regulated wetlands and may have violated the state's Pollution Control Act. The King family disputes the state's wetlands determination and is fighting for the right to have a jury hear the evidence. Pacific Legal Foundation, which is representing the Kings pro bono, argues the current administrative process requires the family to first take its case before the Pollution Control Hearings Board, an executive-branch body whose members are appointed by the governor. Attorney Oliver Dunford says that even if the Kings later appeal to an independent court, considerable deference can be given to the administrative agency's factual findings. The Kings are now asking the Washington Court of Appeals to expedite its review and halt the Pollution Control Hearings Board proceeding while their constitutional challenge is considered. With more than $260,000 in state penalties already at issue and disputed restoration costs potentially reaching millions of dollars, the outcome could have major consequences for King Ranch. The case also raises broader questions about Washington property rights, Department of Ecology enforcement, wetlands regulations, administrative agencies and when Washington residents should have a constitutional right to have a jury decide disputes with state government. Watch Washington in Focus for continuing coverage of King Ranch v. Washington State Department of Ecology and the latest Washington state government, agriculture, property rights and regulatory news. #WashingtonState #WashingtonPolitics #PropertyRights #WashingtonFarmers #WashingtonRanchers #Agriculture #DepartmentOfEcology #Wetlands #GovernmentAccountability #GrantCounty #DouglasCounty #WAPolitics #TheCenterSquare #WashingtonInFocus