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Beverage Trade Network

Federal judge denies Duarte request for reconsideration and appeal

A federal judge on Friday denied a request by Duarte Nursery and its President John Duarte to reconsider the court’s June 10, 2016 decision in favor of the U.S. Army Corps of Engineers.

 

Judge Kimberly J. Mueller of the U.S. District Court for the Eastern District of California also denied an “interlocutory appeal” which would have provided for an appeal even before all of the case questions were finally resolved in her court.

 

As a result, the case will now enter its penalty phase. At risk are threats of imprisonment plus federal fines of up to $37,000 per day of violation and parallel charges of $10,000 per day from the Central Valley Regional Water Quality Control Board. See “Plow Field, Go To Jail?” for details and more court documents.

 

An appeal to the Ninth Circuit Court Appeals Court may be possible following the conclusion.

 

One of Duarte’s attorneys, Peter Prows, said they have not yet settled on a strategy going forward.

Full Court Documents Available for Wine Executive News Premium Subscribers.

Previous Wine Industry Insight Coverage

Duarte vs U.S. Army Corps of Engineers

Clean Water Act & WOTUS Issues