Clean Water Act legal case delayed

Share This Article

BOISE, ID – 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 Clean Water Act case against Ace Black Ranches on March 27, 2025, meaning the Trump administration is expected to decide by the last week in May.

Ace Black Ranches is an 800-acre ranch located in Bruneau, Idaho, that has been the subject of a lawsuit filed by the U.S. Environmental Protection Agency (EPA) and the Department of Justice. The lawsuit alleges that the ranch violated the Clean Water Act by illegally discharging fill material into the Bruneau River and adjacent wetlands. The ranch argues that the wetlands are not under EPA jurisdiction due to the recent Sackett ruling, which narrows the definition of “waters of the United States.”

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.

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

loader-image
Rapid City, US
11:57 am, May 19, 2025
temperature icon 44°F
overcast clouds
83 %
1006 mb
26 mph
Clouds: 100%
Visibility: 0 mi
Sunrise: 5:22 am
Sunset: 8:16 pm

Finance.

  • Loading stock data...