Ecology Pushes to Move King Wetlands Case

The state renewed its bid to have rancher Wade King's wetlands case heard by an administrative board instead of a jury.

Updated on Nov. 7, 2026 in Agriculture

Ecology Pushes to Move King Wetlands Case

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Should government agencies be able to bypass jury trials for environmental penalties?

The Washington Department of Ecology renewed its push to prosecute rancher Wade King before the Pollution Control Hearings Board rather than a jury. King and his attorneys filed a response asking the Court of Appeals Division II to reject the state's motion.

Why it matters

The dispute will determine whether King's appeal of a $267,540 fine and wetland restoration order proceeds before the state's administrative hearings board or a jury. Ecology argues that a jury route would set a blueprint other litigants could use to disrupt administrative appeals.

Ecology fined King and his wife, Teresa, $267,540 in 2023 and estimated wetland restoration at $650,000, while a King-hired consultant put it at $3.7 million. The courts have not yet resolved whether King may demand a jury.

The players

Washington Department of Ecology

The Washington state agency responsible for environmental protection, which fined King and is pursuing the enforcement action.

Wade King

A Washington rancher accused of desecrating wetlands on land in Grant and Douglas counties, who is contesting the state's fine and restoration order.

Pollution Control Hearings Board

A state administrative board created by the Legislature in 1970 to hear appeals of Ecology decisions.

Brooke Rollins

The U.S. Secretary of Agriculture, who accused Ecology of heavy-handed regulation in the King case.

The details

Ecology ordered the Kings to restore some of the alleged wetlands. King argues the areas were watering holes for cattle and that maintaining them caused no environmental damage, while his attorneys contend the state and federal constitutions guarantee a jury trial. A court commissioner in September ruled the board hearing must wait until courts decide that question, and Ecology has asked to reinstate a three-week April hearing.

2023: Ecology fined the Kings $267,540 and ordered wetland restoration.
September: A court commissioner ruled the board hearing must await a jury determination.
Nov. 5: King and his attorneys responded to Ecology's renewed push.
April: A three-week Pollution Control Hearings Board hearing on King's case is proposed.

Industry Context

The 1970 statute that created the Pollution Control Hearings Board routes Ecology enforcement appeals to an administrative body rather than courts. King's jury demand challenges that route, and a ruling in his favor could reshape how agricultural wetland penalties are appealed in Washington.

Ranchers and landowners in Washington face state enforcement actions and fines that can reach hundreds of thousands of dollars for wetland disturbances. The outcome of King's appeal will show whether those penalties are contested before an administrative board or a jury.

The takeaway

Landowners facing Ecology wetland orders should track how the courts resolve the jury question, since it will determine the forum for their appeals. Restoration cost estimates in this case differ by more than fivefold, underscoring the value of independent assessments.