BOISE, ID – A Burley, Idaho man has had his 2009 conviction upheld for illegally injecting fluids into wells and lying to state inspectors, a case hailed by the Environmental Protection Agency (EPA) as a landmark victory in environmental enforcement. Cory Ledeal King, 54, former farm manager and part owner of Double C Farms/Lambert Produce, was sentenced in December 2009 to three years probation, four months home detention, and a $5,000 fine, penalties which the Ninth Circuit Court of Appeals affirmed this week.
The case, originating in 2005, centered around King’s directive to employees to inject excess surface fluids into at least four deep agricultural irrigation wells at the Double C ranch, located twelve miles south of Burley. These injections occurred without the necessary Underground Injection Control permit from the Idaho Department of Water Resources, a direct violation of federal law. The practice raised concerns about potential groundwater contamination and the safety of Idaho’s drinking water supply.
During the three-day federal trial held in Pocatello, expert witnesses testified regarding the potential dangers of unregulated well injection. While the prosecution was unable to definitively prove, to the sentencing judge’s satisfaction, that a pollutant or contaminant had entered the groundwater, Judge Winmill acknowledged the seriousness of the offense. He stated he would have imposed a jail sentence had evidence of manure injection into groundwater been presented.
The investigation, a collaborative effort between the EPA’s Criminal Investigation Division, the Idaho State Department of Agriculture, the Idaho Department of Water Resources, the Idaho Department of Environmental Quality, and the Idaho Attorney General’s Office, revealed that King not only bypassed permitting requirements but also actively misled a State of Idaho Department of Agriculture inspector during a facility inspection. This deception led to a conviction on one count of making false statements in a matter within the jurisdiction of the United States.
Legal Ramifications & Significance
King was found guilty of four counts of violating the Safe Drinking Water Act (SDWA) – specifically 42 U.S.C. 300h-2(b)(2) – and one count of making false statements, a violation of 18 U.S.C. 1001(a)(2). The Ninth Circuit’s decision to uphold the conviction is particularly significant as it represents one of the first successful prosecutions under the SDWA and the first appellate ruling to address the constitutionality of the statute under the Commerce Clause. The court affirmed that Congress has the authority to regulate drinking water to prevent contamination, recognizing its crucial role in interstate commerce and public health.
The ruling reinforces the EPA’s commitment to enforcing environmental regulations and holding individuals accountable for actions that threaten the safety of vital resources. The case serves as a warning to others who might consider circumventing environmental protections for economic gain, demonstrating that such actions carry significant legal consequences.
Key Facts
- Defendant: Cory Ledeal King
- Location: Burley, Idaho
- Crime: Illegal well injection and false statements
- Statutes Violated: 42 U.S.C. 300h-2(b)(2), 18 U.S.C. 1001(a)(2)
- Sentence: 3 years probation, 4 months home detention, $5,000 fine
- Ninth Circuit Ruling: Affirmed the 2009 conviction, upholding the constitutionality of the Safe Drinking Water Act.
Source: EPA ECHO Enforcement Case Database
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