A multigenerational ranching family in Washington State is challenging a state environmental fine in a dispute that its lawyers say could ultimately reach the U.S. Supreme Court. Wade and Teresa King, owners of King Ranch, were fined $267,540 in 2023 by Washington State Ecology over stockwater ponds that the state says damaged regulated wetlands in Grant and Douglas counties.
The Kings dispute the state's characterization. They say the areas in question are longstanding livestock ponds that have been used for decades, not wetlands. The family has ranched the land since the 1950s, and several generations continue to work it. The Kings and their supporters argue that the outcome of the case could threaten livestock water exemptions across the state.
The Department of Ecology says it identified 23 damaged wetlands in Grant County totaling 6.37 acres. Last year, the department also ordered restoration of 11 additional areas in Douglas County, bringing the total to 34. The Kings estimate that complying with the restoration orders could cost more than $3.7 million. To support its findings, the department has cited satellite and aerial images dating back to 1949.
Before the matter can be resolved in court, the state requires that it first go before the Pollution Control Hearings Board. The board does not hold jury trials. The Kings have argued that this structure denies them a jury, and that the board is controlled by the executive branch and tends to favor the agencies that bring enforcement actions. Governor Bob Ferguson holds appointment authority over the board, in conjunction with the state Senate.
The family first sued in Grant County Superior Court. A judge dismissed the suit, ruling that the administrative process had to be completed first. The Kings then appealed, and in September a Court of Appeals commissioner paused the board's proceedings while the appeal is considered.
At the center of the appeal is a constitutional question: whether the Seventh Amendment's guarantee of a jury trial in civil cases applies against the states. The Pacific Legal Foundation, which represents the Kings, has said it plans to petition the U.S. Supreme Court if necessary. Because many states use similar administrative systems for fines and appeals, the outcome could affect enforcement processes well beyond Washington.
The Pollution Control Hearings Board declined to comment, citing the pending case.