A Washington family is contesting a $267,540 fine levied by the Washington State Department of Ecology in 2023, asserting that the agency wrongly classified their longstanding stockwater ponds as regulated wetlands. Wade and Teresa King, owners of King Ranch in Grant and Douglas counties, argue the state's actions pose an "existential threat" to their family's cattle ranching operations and could set a dangerous precedent for ranchers across the country.
The Kings were ordered to restore the areas they claim have been used for livestock water since the 1950s. The couple maintains that the department has provided no clear guidance on how to convert these areas into wetlands as demanded, deeming the order unachievable and financially ruinous. They believe the wetlands designation is an attempt by the department to exert greater authority over their land.
Initially directed to appeal before the Pollution Control Hearings Board (PCHB), an administrative panel that does not allow for jury trials, the Kings filed a separate lawsuit in Grant County Superior Court. Their legal challenge argued for their right to a jury trial, but a judge dismissed the suit, requiring them to exhaust the administrative process first. The Kings have appealed this decision, and a Washington Court of Appeals commissioner has paused the PCHB proceedings while the court considers their jury trial rights.
"It's all under the executive branch, and they very rarely go with the property owner," Wade King stated, expressing concern that the PCHB, whose appointments are influenced by the governor, tends to favor state agencies. The PCHB declined to comment on the pending case.
Oliver Dunford, an attorney with the Pacific Legal Foundation representing the Kings, told Fox News Digital that the family is prepared to take their case to the U.S. Supreme Court if necessary. The core legal question, Dunford explained, would be whether the Seventh Amendment's guarantee of a jury trial applies to states in such cases. A favorable ruling, he said, could prevent agencies nationwide from imposing heavy fines and shifting the burden of proof onto property owners without the opportunity for a jury.
The Washington State Department of Ecology stated that its investigation found no evidence the areas were previously stockwater ponds and accused the Kings of damaging 6.37 acres of "naturally occurring wetlands." The department claims it attempted to resolve concerns multiple times but that the Kings refused to cooperate. Inspectors reportedly used satellite imagery, aerial photographs dating back to 1949, and other records to support their findings. The department also issued restoration orders for 11 additional areas in Douglas County last year, bringing the total to 34.
King Ranch, operated by multiple generations of the King family, is a significant part of the local agricultural landscape. Teresa King emphasized their commitment to land stewardship, questioning why they would intentionally harm the environment they rely on for their livelihood. "We want clean water," she said. "Why would we pollute or cause damage to the land or the water that we rely on in our livelihood? We’re generational. Why would we do something to harm ourselves that way and harm the environment?"
The Kings view their legal battle as a defense of the water rights exemptions that other ranchers depend on. "It’s not just us," Teresa King said. "We are defending every rancher in the state of Washington’s exempt livestock water rights."