The owners of a multigenerational cattle ranch say they are facing an “existential threat” after the Washington State Department of Ecology fined them hundreds of thousands of dollars over their stockwater ponds, and they are warning the case could have substantial implications nationwide.
The department fined Wade and Teresa King, owners of 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 argue the areas, which they were ordered to restore, are longstanding stockwater ponds for their livestock, not regulated wetlands.
The Kings, who have been trying to get their case in front of a jury, told Fox News Digital that, not only is their financial stability at stake, so are the rights of other ranchers.
“Losing this fight would be an existential threat,” Wade said. “I don’t know how we would recover from that, to be honest with you.”
When the Kings were first hit with the fines and restoration orders, they immediately set out to challenge them. However, the department’s required process directed them to bring their case before the Pollution Control Hearings Board (PCHB), an administrative panel that does not provide jury trials.
In March, the Kings filed a separate lawsuit in Grant County Superior Court, arguing the case should not be decided by the PCHB and that doing so would violate their right to a jury trial. Months later, a judge dismissed the lawsuit, ruling the Kings first had to complete the administrative process.
The Kings appealed the decision, and a Washington Court of Appeals commissioner paused the PCHB proceedings in September while the court considers whether they are entitled to a jury trial.
“It’s all under the , and they very rarely go with the property owner,” Wade said, adding that Washington Gov. Bob Ferguson, who was attorney general when the fight began, now has appointment authority over the board alongside the state Senate.
“They almost always side with the agencies and it’s just not a fair trial for appellants like us.”
The PCHB declined to comment due to the pending case.
Oliver Dunford, a senior attorney at Pacific Legal Foundation representing the Kings, told Fox News Digital they are prepared to petition the U.S. Supreme Court if they are unsuccessful in Washington.
“We have to ask them one question: to rule that the Seventh Amendment does apply against the states, and then to argue that the Kings should have had a jury trial under the Seventh Amendment,” Dunford said.
He said if the case reaches the Supreme Court, a ruling could have ripple effects across other states.
“If we prevail, it would have an enormous effect, certainly across the state of Washington, but hopefully across the country, and prevent these agencies from just issuing these fines and then essentially putting the burden on you to prove your in
