For Immediate Release
By: R-CALF USA Communications Director Jaiden Moreland
Contact: R-CALF USA CEO Bill Bullard
Phone: 406-252-2516; r-calfusa@r-calfusa.com
BILLINGS, Mont., Oct. 1, 2026 – A Washington Court of Appeals commissioner has ordered a stay in the administrative proceeding against Wade and Teresa King, of the King Ranch, while the court considers the ranchers’ appeal seeking the right to have their case heard by a jury.
The ruling marks the latest development in a dispute that began in 2023, when the Washington Department of Ecology imposed a civil penalty of more than $260,000 and restoration requirements against the Kings for what the agency alleges was the illegal excavation and alteration of protected wetlands. The Washington Department of Natural Resources subsequently canceled state grazing leases held by the Kings, affecting their ability to use portions of their private property that are unfenced and interwoven with state and federal grazing leases. The Kings contend that they were performing routine maintenance on stock-watering ponds, as they have done for approximately 70 years to provide water for livestock and wildlife.
The Kings appealed the agency’s action to the Pollution Control Hearings Board (PCHB). By statute, the PCHB reviews a broad range of actions taken by the Department of Ecology, including civil penalties and administrative orders. The PCHB is a quasi-judicial, three-member board appointed by the governor. Unlike a traditional civil trial, PCHB proceedings do not provide for a jury trial.
The dispute increasingly centered not only on the disagreement over wetlands and stock ponds, but also on the Kings’ claim that they are entitled to have their case heard by a jury of their peers under both the Washington and United States constitutions.
The Kings subsequently filed a lawsuit in Grant County Superior Court asserting their right to a jury trial. After a judge dismissed the lawsuit in August, the Kings appealed to the Washington Court of Appeals.
On Sept. 25, Washington Court of Appeals Commissioner Hailey L. Landrus stayed the PCHB proceedings while that appeal is considered, finding that the Kings could suffer irreparable harm if required to proceed before the administrative board while their constitutional challenge remains unresolved.
Pacific Legal Foundation (PLF), which represents the Kings, sought the stay. Following the ruling, PLF attorney Allison Daniel said, “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.”
The stay does not resolve the Department of Ecology’s allegations against the King Ranch or determine whether the Kings are entitled to a jury trial. The Court of Appeals will now consider whether the dismissal of the Kings’ lawsuit was proper.
If the Kings ultimately prevail on their constitutional claims, the case could have broader implications for the use of administrative proceedings in Washington and the circumstances under which a government agency may adjudicate alleged violations without a jury.
R-CALF USA has repeatedly called for federal oversight of the state’s actions, urging intervention by the U.S. Department of Agriculture, supporting subsequent oversight by USDA and the Environmental Protection Agency, and raising the King Ranch case before the House Committee on Oversight and Government Reform as an example of government actions affecting agricultural producers and their property rights.
To read R-CALF USA Property Rights Chair Shad Sullivan’s full brief on the King Ranch case click HERE.
Watch PLF’s video about the King Ranch case: https://www.youtube.com/watch?v=jIqNgWXOnuk
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Ranchers Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF USA) is the largest producer-only lobbying and trade association representing U.S. cattle and sheep producers. It is a national, nonprofit organization dedicated to ensuring the continued profitability and viability of the U.S. cattle and sheep industries. Visit www.r-calfusa.com or call 406-252-2516 for more information.