$8.00 for a big, beautiful, bushy plant is a steal. See all author stories here. Duarte says “the group, with no reservation, concluded that the PCR primer set (VicA) (a DNA test) commonly used and recommended for the identification of Rhodococcus by Dr. Randall, produces false positives, due to its lack of specificity.”, Duarte says the clonal rootstock line UCB-1 has been around since 2000, and though it became the industry standard — as high as 70% of the pistachio plantings in some years — it has become degraded. In 2012, Duarte bought 450 acres of cobbly, red clay ground for investment and potential future orchard development. She didn’t find it in healthy orchards, nor did she find it in over 350 plants on UCB-1 clonal rootstocks the university ordered from other nursery sources for testing purposes. Also, he says he’s not the only one who had a problem; some industry leaders have estimated that at least 20,000–35,000 acres of pistachios planted in California and Arizona between 2011 and 2014 are at risk. In response, the COE filed a counterclaim alleging a violation of the Clean Water Act by Duarte. Pacific Legal Foundation is a 501(c)(3) nonprofit organization. Federal magistrate judges are federal judges who serve in United States district courts, but they are not appointed by the president and they do not serve life terms. A previous post about the Duarte Nursery lawsuit is an example where government regulation has created uncertainty for farmers and farmland investors. Following the Corps’ refusal to release the CDO information and denial of a hearing, Duarte Nursery filed a due process lawsuit in U.S. District Court in October 2013. But Rod Stiefvater, the only grower who has filed suit who was willing to talk on the record to American Fruit Grower® and Western Fruit Grower™ magazines, is convinced many of the trees he purchased from Duarte had the bacterial infection, Rhodococcus. aglandinvesting Uncategorized August 24, 2017. One example where regulation is extremely beneficial is in the oversight of water wells. Forget the grocery store or discount stores and drive out to Hughson. So many types and colors that it's hard to make a decision. “We think with these new clones we will increase yields by 50%,” he says “There is a very high correlation (Correlation Coefficient equal to = 0.858) between trunk circumference and yield in these new clones, indicating that the bigger the trunk, the greater the yield.”. It involved Duarte Nursery v. Army Corps of Engineers. Duarte Nursery provides clean plants for your future. However, the president of Duarte Nursery, John Duarte, disputes that claim, saying the trees have a genetic disorder. Pacific Legal Foundation attorney Tony Francois, left, stands with John Duarte, president of Duarte Nursery. The lawsuit is not only against Duarte Nursery but also against John Duarte himself. In all, it’s a $50-million-a-year concern. âUnder the agreement, Duarte would admit no liability, pay the government $330,000 in a civil penalty, purchase $770,000 worth of vernal pool mitigation credits, and perform additional work on the site of the plowing. “It’s a very general family of bacterium; it’s used to gobble up oil spills, it can cause acne, all kinds of things.”. Dr. Elizabeth Fichtner, a University of California Cooperative Extension farm advisor/plant pathologist, has also shown that the Rhodococcus bacteria, when introduced to roots of UCB-1 plants, also produces the same symptoms. Duarte Nursery is famous for its grapevines, and its almond, walnut and pistachio root stock. Stiefvater, a member of the California Pistachio Research Board, says he switched to Duarte trees in 2012 because he was impressed in the past with their performance in other orchards. Read more… Duarte Nursery and CRP Land. Several pistachio growers in California’s San Joaquin Valley have filed lawsuits against one of the nation’s leading nurseries, alleging they were sold trees with a syndrome caused by bacterial infection. Duarte Nursery, Inc. is a family owned and operated nursery located near Modesto in the Central Valley of California. © Pacific Legal Foundation, 2021. Cambi is finding out how you can get your hands on beautiful holiday flowers in Hughson. In the meantime, the trial that was to begin today has been cancelled. “If you look at the size of the problem, it seems extraordinarily unlikely it’s a genetic mutation because a genetic mutation doesn’t grow exponentially,” he says. Duarte’s case was lost and the penalty phase, which seeks $2.8 million in fines and millions more in payments for wetland mitigation, is set to begin Tuesday in front of U.S. District Judge Kimberly Mueller in Sacramento, according to a press release issued Thursday by the Pacific Legal Foundation, which represents Duarte and his family business, Duarte Nursery. Stiefvater has planted trees from other nurseries both before and after planting the trees in question, and they all had UCB-1 clonal rootstocks, the industry standard, and he says hasn’t had a problem with those. We have a preferred and sustainable product. Currently, Duarte is advising growers to stay away from trees with the old clone of UCB-1 rootstocks, and to use other clones, seedlings or to plant the new clones when they are available. HUGHSON. SACRAMENTO, CA; August 15, 2017: âDuarte Nursery, its president John Duarte, and Pacific Legal Foundation and their co-counsel announce that Duarte Nursery has agreed to a settlement with the United States in the federal governmentâs nearly five-year enforcement action over Duarteâs routine action of plowing its property to plant wheat in late 2012,â said PLF Senior Attorney Tony Francois, who represents Duarte free of charge. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. PBTS was first ascribed to Rhodococcus by Dr. Jennifer Randall, a New Mexico State University research associate professor, who was called in November 2013 by an Arizona grower. Agricultural Service. Duarte, 50, is a fourth-generation producer and president of Duarte Nursery, located on the west side of the Sacramento Valley. 257: Filed: 8/30/2016, Entered: None: MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On June 27, 2016, the court took under submission 12 reviews of Duarte Nursery "The most beautiful and largest selection of poinsettias I've ever seen. John Duarte’s brother, Jeff, has created a GoFundMe page to help his brother to raise funds to fight it out in the courts. Duarte insists it is not a bacterial infection, saying Rhodococcus is a group of microorganisms that are virtually omnipresent. With active cases in 39 states plus Washington, D.C., PLF represents clients in state and federal courts, with 12 victories out of 14 cases heard by the U.S. Supreme Court. This lawsuit is not only false and wrong, but is an insult,” said Duarte. Introduction of Rhodococcus to healthy UCB-1 rootstock resulted in symptoms observed in the field. Get free access to the complete judgment in Duarte Nursery, Inc. v. U.S. Army Corps of Eng'rs on CaseMine. 3,519 people follow this. A Black senior manager at Amazon has hit the company with a lawsuit alleging racial discrimination. wine industry, wine business, marketing, grapes, editorial, writers, events, winery online directory, wineries, grower … The California Department of Food and Agriculture has reviewed the data and opted not to change the organism’s “C” pest rating , he says. Randall says she saw symptoms that would look strange in any plant, and in those trees found Rhodococcus. But the trees he planted not only grew slowly, by the spring of 2014, they were exhibiting some unusual characteristics. In 2012, Duarte bought 450 acres of cobbly, red clay ground for investment and potential future orchard development. First Rhodococcus Link however weather appears to be the biggest problem, and one grower tells NPR that farmers are […], […] In fact, some growers have sued one the biggest nurseries in the US, alleging they were sold infected trees, notes a post at Growing Produce. Stiefvater, who farms more than 3,000 acres of pistachios in Fresno, Tulare, and Kern counties, says he had the trees, which exhibited what has been dubbed Pistachio Bushy Top Syndrome (PBTS) tested by university researchers. First, the court found that by plowing the land–by moving soil and creating furrows in the field–Duarte … At his laboratory in Hughson, CA, they have developed five new and improved clones for which they are seeking patents. “Because we could literally pull two-year-old trees out of the ground; their root structures were just bizarre.”. 1555 Baldwin Rd (2,334.61 mi) Hughson, CA 95326. The COE sought over $45 million in penalties. Stiefvater hopes the problem can get resolved out of court. “CRP is set aside so when our nation and the world is hungry, we rise up and feed them,” explained Duarte. Charlotte Newman filed a lawsuit Monday against the tech giant for discrimination, sexual harassment, and pay inequality. 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