Cattle Have Potential To Pollute, So They Must Stay Away From Creek

Monday, September 09, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 9
 

A cattle rancher will lose access to seven of his forty farmable acres when he builds a court-ordered fence to keep potential pollutants—his cattle—out of a stream.

Facts: Joseph Lemire owns a farm in Washington. Pataha Creek runs through the farm. Lemire runs a small cattle operation on his farm, and the Washington Department of Ecology (DOE) determined that Lemire’s cattle ranching operation created conditions that were detrimental to the water quality of Pataha Creek. The DOE issued an administrative order under the Water Pollution Control Act that required Lemire to take corrective actions in order to eliminate these detrimental conditions. These corrective actions included building livestock fencing to “eliminate livestock access to the stream corridor.”

Lemire challenged the order before the Pollution Control Hearings Board. The DOE moved for summary judgment, which the Board granted. Lemire then appealed that decision, and the Columbia County Superior Court reve[..]

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