New Fund Will Aid Massachusetts Family Farmer's Defense Against Abusive Clean Water Act Regulators

CARVER, Mass.--Pacific Legal Foundation announced today the formal launch of the “Charlie Johnson Legal Defense Fund,” to help a Massachusetts farmer fighting a federal land grab with implications for private property owners across the country.

Charlie Johnson is a 78-year-old Korean War veteran and cranberry farmer who has been hit with massive fees and fines by regulators who wrongly claim the Clean Water Act gives the federal government control over his land – and by extension, over any farmland and other private property, nationwide, where as little as a pond, puddle, or irrigation ditch might be located.
In his fight against this federal power grab, Johnson is represented by PLF attorneys, free of charge. PLF is America’s leading legal watchdog for property rights and a balanced approach to environmental regulations.
“I am so grateful to PLF,” said Johnson. “Federal officials have been intimidating me with unreasonable wetland rules to shut down part of my cranberry farm. My family and I wouldn’t be able to fight without PLF’s indispensable help.”

Johnson lives with his wife in rural Carver, about 50 miles south of Boston. He and his son Van are carrying on the family tradition: The Johnson family has been farming their land since the 1920s.

After decades of growing cranberries, the Johnsons were stunned five years ago when the Environmental Protection Agency persuaded a court to fine them $75,000 and order more than $1 million in mitigation costs. The Johnsons’ “offense”? They shored up some bogs on their land, and built some new ones – without seeking federal approval.
The EPA is violating a 2006 Supreme Court ruling that curbed federal regulatory power under the Clean Water Act, according to PLF attorneys. In Rapanos v. U.S. (a PLF case), the Court said the Clean Water Act applied only to land where federal regulators could show a direct flow of water from the land to a navigable river, lake, or ocean.
Although the Johnson Defense Fund will be available for a variety of PLF property rights cases, its main purpose will be to support the significant costs involved in litigating Charlie Johnson’s case.


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