An Idaho ranch family facing allegations that it violated the Clean Water Act is getting closer to settling a lawsuit filed by the Environmental Protection Agency (EPA).
U.S. attorneys on Aug. 17 filed a status report and a motion to extend an ongoing stay by 180 days in a lawsuit against Ace Black Ranches, based in Bruneau, ID, in the U.S. District Court for the District of Idaho.
The EPA originally sued the 800-acre ranch, charging the operation with violating federal law by altering the Bruneau River and surrounding wetlands. As part of a sand and gravel operation, the agency alleged ranchers Terry and Telby Black installed roads and center-pivot irrigation systems on wetlands.
On Aug. 17, the U.S. told the court that progress is being made in negotiations with the ranch.
“The parties have recently engaged in productive settlement communications to facilitate a follow-up settlement proposal from Ace Black Ranches,” the U.S. told the court. “The United States respectfully now moves the court to extend the abeyance for an additional 180 days, until Feb. 16, 2027.”
EPA originally alleged the ranch made several alterations to the Bruneau River and surrounding wetlands without a Clean Water Act dredge-and-fill permit. The EPA said it conducted an inspection of the site in April 2023. During that visit, the complaint said, EPA excavated sample plots and identified characteristics of wetlands, including hydric soil indicators and hydrophytic vegetation “adapted for life in saturated soil conditions.”
The ranch faces civil penalties of up to $66,712 per day per violation.
The EPA said in the lawsuit that ranch owners initially agreed to join the EPA and the U.S. Army Corps of Engineers on a visit to inspect the ranch on May 18, 2021. On May 17, 2021, however, the ranch filed a complaint and a motion for preliminary injunction to prevent the agencies from entering the ranch.
That court action was dismissed in February 2022, according to the lawsuit. EPA obtained an administrative warrant in May 2021 and inspected the ranch for the first time from June 14 to June 16, 2021. The agency conducted another inspection from April 24 to April 28, 2023.
In September 2024, the EPA filed an amended complaint that includes what the agency claims are before-and-after satellite photos showing eight connection points between the river and wetlands on the ranch. The photos show roads constructed on the ranch where EPA alleges at least four continuous surface connections were disrupted, including one that directly crosses the river.
The U.S. government filed an unopposed motion for a 180-day abeyance in the case on Feb. 17, 2026; that stay ended on Monday. According to court documents, the ranch submitted a settlement proposal to the court on Jan. 15, 2026. The EPA then responded to the proposal on April 3, 2026.
In September 2024, the court originally dismissed the case, ruling the EPA failed to show the alleged wetlands on the ranch have a continuous surface connection to navigable waters.
In that ruling, the court cited the Supreme Court’s decision in the Sackett v. EPA case. The federal court in Idaho said in its ruling that the agency would need to provide specifics in an amended complaint. — Todd Neeley, DTN environmental editor
