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The owners of a multi-generational livestock operation say they face an “existential threat” after the Washington State Department of Ecology fined them hundreds of thousands of dollars over their stock ponds, and they warn the case could have substantial implications nationwide.
The department fined Wade and Teresa King, owners of the King Ranch in Grant and Douglas counties, $267,540 in 2023 for allegedly damaging regulated wetlands by digging ponds to provide water for their ranching operations. The Kings maintain that the areas they were ordered to restore are long-standing stock ponds for their livestock and not regulated wetlands.
The Kings, who attempted to make their case to a jury, told Fox News Digital that not only are their financial stability at stake, but so are the rights of other breeders.
“Losing this fight would pose an existential threat,” Wade said. “I don’t know how we could ever recover from this, to be honest with you.”
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King Ranch owners Wade and Teresa King are fighting the Washington State Department of Ecology over areas the state considers regulated wetlands. (Wade and Teresa King/Pacific Legal Foundation)
When kings were first hit with fines and restoration orders, they immediately set about challenging them. However, the department’s required process required them to take their case to the Pollution Control Hearings Board (PCHB), an administrative board that does not hold jury trials.
In March, the Kings filed a separate lawsuit in Grant County Superior Court, arguing that the case should not be decided by the PCHB and that doing so would violate their right to a jury trial. A few months later, a judge dismissed the suit, ruling that the Kings must first complete the administrative process.
The Kings appealed the decision, and a Washington Court of Appeals commissioner stayed the PCHB proceedings in September while the court considers whether they are entitled to a jury trial.
“It’s all about the executive branch, and they very rarely go to the owner’s side,” Wade said, adding that Washington Gov. Bob Ferguson, who was attorney general when the fight began, now has appointment power on the board alongside the state Senate.
“They almost always side with the agencies and it’s just not a fair trial for callers like us.”
The PCHB declined to comment due to the ongoing matter.
Oliver Dunford, lead attorney at the Pacific Legal Foundation representing the Kings, told Fox News Digital that they are prepared to go to the U.S. Supreme Court if they fail in Washington.
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The Kings were fined $267,540 in 2023 for allegedly damaging regulated wetlands by digging livestock ponds. (Wade and Teresa King/Pacific Legal Foundation)
“We have to ask them a question: rule that the Seventh Amendment does in fact apply against the states, and then argue that the Kings should have had a jury trial under the Seventh Amendment,” Dunford said.
He said if the case makes it to the Supreme Court, a ruling could have ripple effects in other states.
“If we win, it would have a huge effect, certainly across Washington state, but hopefully across the country, and prevent these agencies from just issuing these fines and then putting the burden on you to prove your innocence and take the case all the way to the Supreme Court just to have a chance at a jury trial,” he said.
Kings lawyers estimate the cost of complying with the ministry’s orders could exceed $3.7 million. But beyond the financial cost, Teresa said the orders would be “impractical” because the areas were never wetlands.
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The Kings argue that these areas are storage ponds and are fighting to have their case heard by a jury. (Wade and Teresa King/Pacific Legal Foundation)
“How can we, as ranchers, turn these wetlands into wetlands and respect everything that ecology wants us to do?” she said. “It will be unfeasible and it would ruin us financially.”
“How are we supposed to create wetlands from non-wetlands?” Wade added.
Wade said the department has not provided them with any details on how to repair the alleged damage. He said designating wetlands gives the department greater authority over those areas than if they were considered stock ponds.
“That’s the main reason they want to call them wetlands when they’re not wetlands,” Wade said.
Wade and Teresa described how the fight could also harm their children and their children’s children. The Kings have operated ranches in Grant and Douglas counties since the 1950s, where Teresa said several generations now live and work.
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The Kings say the legal battle could affect other ranchers and their constitutional rights. (Wade and Teresa King/Pacific Legal Foundation)
“This is the fourth generation and then we have the fifth and sixth generations living and working on this ranch and we want to continue that,” she said. “We just want to be left alone.”
The department said its investigation found no evidence that those areas were previously stock ponds and accused the Kings of “damaging 23 natural wetlands” in Grant County.
“Ecological inspectors conducted site visits to these damaged areas when possible, but also used satellite images, aerial images dating as far back as 1949, and other records to determine that the Kings damaged 6.37 acres of natural wetlands by digging, reshaping, and filling them,” the department said.
The department added that it “repeatedly sought to resolve concerns about the damage” but that the Kings “refused to cooperate with these efforts.” They said they ordered the Kings to restore 11 additional areas in Douglas County last year, bringing the total to 34, and most were on state land.
Wade said they have always protected and cared for the land the department now accuses them of damaging.
“We want clean water,” Wade said. “Why would we pollute or cause harm to the land or water we depend on for our livelihood? We are generational. Why would we do anything that harms ourselves and the environment?”
The Kings said the fight is far from over, with Teresa saying the case could jeopardize exemptions other ranchers rely on to provide water for livestock.
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“It’s not just us,” Teresa said. “We defend the exempt water rights of every rancher in Washington state.”
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