Today, a Washington court paused enforcement proceedings against a ranching family accused of harming wetlands, while an appeals court considers whether the family has a constitutional right to a jury trial rather than a decision by a three-member, governor-appointed board.
Washington Court of Appeals Commissioner Hailey L. Landrus ordered the Pollution Control Hearings Board to pause its proceedings against Wade and Teresa King on Sept. 25, finding the Kings face “irreparable” harm if forced to present “a hearing before a person whom they argue is an unconstitutional factfinder.”
“This isn’t just about our ranch; it is about whether the government can take a family’s livelihood without proving its case to a jury,” Wade King told UNWON. “We’re thankful the Court of Appeals pressed pause so that question can be answered first. We are grateful to Pacific Legal Foundation for representing our family in this case.”
The Kings first found themselves at loggerheads with the state government in 2023, when the Department of Ecology ordered them to restore wetlands the agency alleged they had damaged, according to court records. The Kings’ attorneys estimate the restoration would cost about $3.7 million. The state also ordered the family, which has ranched in Grant and Douglas counties since the 1950s, to pay a $267,540 civil penalty.
But the family denies any wrongdoing, arguing that the areas identified by the state as wetlands are actually man-made stock watering ponds and that state and federal law protect their ability to maintain them.
Their case has since gained national attention. Agriculture Secretary Brooke Rollins has criticized Washington’s treatment of the King family, accusing the state of persecuting the ranchers.
The Pacific Legal Foundation, a nonprofit law firm founded to defend Americans against “government overreach and abuse,” has represented the Kings pro bono in the constitutional issue. They argue that the U.S. Constitution entitles the Kings to an independent jury trial before the government can impose severe fines.
“When the government seeks to penalize someone, it must prove its case to a jury in an independent court, not go after them in a setting where it is both judge and prosecutor,” said Allison Daniel, an attorney with Pacific Legal Foundation. “Today the commissioner recognized that being forced through an unconstitutional proceeding is itself an injury. The Kings deserve to defend their ranch before a jury of their peers.”
Back in August, a Superior Court judge dismissed the Kings’ motion for partial summary judgment and dismissed their complaint without ruling on the underlying jury trial question. The Kings asked the appellate court to expedite review and pause the administrative proceeding.
The Kings now await a decision on the jury trial issue from the appeals court. If they win their case, it would affirm that Washington residents have the right to defend themselves before a jury in cases involving civil penalties.
Learn More
Washington ranch family facing $267,000 fine, terminated grazing leases, and possible criminal charges
The King Ranch, a family-owned cow-calf operation in arid Central Washington, has been the subject of a years-long, multi-faceted investigation by the Washington State Department of Ecology (DOE) and Department of Natural Resources (DNR). Support independent journalism for rural America by becoming an UNWON subscriber.
King ranch case shaping into constitutional fight over right to a jury trial
The Kings’ battle to save their Washington ranch is shaping into a constitutional fight over the right to a jury trial.UNWON is entirely independent and reader-supported. To support investigative Western journalism, consider becoming a paid subscriber.
ENFORCEMENT FIRST, EVIDENCE LATER? Washington seeks access to King Ranch ponds years after penalties
Years after fining the King ranching family $267,540, terminating their grazing leases, and launching a criminal investigation, Washington officials are asking for permission to inspect the sites they claim were damaged.UNWON is reader-supported. To support independent journalis…
USDA chief responds to UNWON reporting on King Ranch: "Help is on the way"
In May, UNWON reported on the King family in Washington State. This generational ranching family has been the target of a multi-faceted, years-long attack from their state government—including a $267,540 fine and a criminal investigation—based on Google Earth photos of “wetlands” that officials claim show footprints and evidence of dredging. The family …