Inside a rancher family's clash with gov't that could have ripple effect right to SCOTUS: ‘Existential threat’
Washington State fined a multigenerational cattle ranch $267,540 in 2023 for allegedly damaging wetlands, a dispute that has escalated to the state Court of Appeals and could reach the U.S. Supreme Court.
The owners of a multigenerational cattle ranch in Washington state say they are facing an "existential threat" after the state fined them hundreds of thousands of dollars over their stockwater ponds.
Wade and Teresa King, who run King Ranch in Grant and Douglas counties, were fined $267,540 in 2023 for allegedly damaging regulated wetlands by digging ponds to provide water for their livestock.
The Kings argue the areas, which they were ordered to restore, are longstanding stockwater ponds for their cattle, not regulated wetlands.
"Losing this fight would be an existential threat," Wade said. "I don't know how we would recover from that, to be honest with you."
Administrative process
When the Kings were first hit with the fines and restoration orders, they immediately set out to challenge them. However, the department's required process directed them to bring their case before the Pollution Control Hearings Board (PCHB), an administrative panel that does not provide jury trials.
In March, the Kings filed a separate lawsuit in Grant County Superior Court, arguing the case should not be decided by the PCHB and that doing so would violate their right to a jury trial.
Months later, a judge dismissed the lawsuit, ruling the Kings first had to complete the administrative process.
The Kings appealed the decision, and a Washington Court of Appeals commissioner paused the PCHB proceedings in September while the court considers whether they are entitled to a jury trial.
Political context
The Kings' attorneys argue that the administrative process is biased against property owners. Washington Gov. Bob Ferguson, who was attorney general when the fight began, now has appointment authority over the board alongside the state Senate.
It's all under the executive branch, and they very rarely go with the property owner, Wade said. "They almost always side with the agencies and it's just not a fair trial for appellants like us."
Potential Supreme Court case
Oliver Dunford, a senior attorney at Pacific Legal Foundation representing the Kings, told Fox News Digital they are prepared to petition the U.S. Supreme Court if they are unsuccessful in Washington.
Dunford said if the case reaches the Supreme Court, a ruling could have ripple effects across other states.
The Kings' attorneys estimate the cost of complying with the department's orders could exceed $3.7 million. Beyond the financial toll, Teresa said the orders would be "unachievable" because the areas were never wetlands in the first place.
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