Wade and Teresa King, owners of King Ranch in Grant and Douglas counties, are challenging a $267,540 fine issued in 2023 by the Washington State Department of Ecology. The state agency alleges the Kings damaged regulated wetlands by digging ponds for their livestock operations. The ranch owners contend these are longstanding stockwater ponds and not regulated wetlands.
The Kings have been pursuing a jury trial to contest the fine and restoration orders, arguing that being forced to go through the state's administrative process before the Pollution Control Hearings Board (PCHB) violates their right to a jury trial. A judge initially dismissed their lawsuit, ruling they must exhaust administrative remedies. The Kings appealed, and a state court has paused the PCHB proceedings to consider their right to a jury trial.
"Losing this fight would be an existential threat," Wade King stated. "I don't know how we would recover from that, to be honest with you."
Their legal representation, the Pacific Legal Foundation, is prepared to petition the U.S. Supreme Court if their state appeals are unsuccessful. Oliver Dunford, a senior attorney with the foundation, indicated that a Supreme Court ruling could have significant implications across the country, potentially preventing agencies from imposing fines and burdens of proof on property owners without the chance of a jury trial.
The cost of complying with the department's restoration orders could exceed $3.7 million, according to the Kings' attorneys. Teresa King described the orders as "unachievable" and suggested they would financially ruin the family, questioning how they could create wetlands from areas that were never wetlands to begin with.
The Department of Ecology disputes the Kings' account, stating that its investigation, which included satellite and aerial imagery dating back to 1949, found no evidence the areas were previously stockwater ponds. The agency claims the Kings damaged 6.37 acres of naturally occurring wetlands. The department also stated that it repeatedly attempted to resolve the concerns but the Kings refused to cooperate.
The Kings, whose family has ranched in the area since the 1950s, expressed concern about the long-term impact on their family and other ranchers. "It's not just us," Teresa King said. "We are defending every rancher in the state of Washington's exempt livestock water rights."