LINCOLN, Neb. (DTN) -- An Idaho ranch facing allegations that it violated the Clean Water Act is negotiating a settlement with the U.S. Environmental Protection Agency as federal attorneys on Tuesday asked a federal court to delay an ongoing lawsuit.

The EPA originally sued the 800-acre Ace Black Ranches in Bruneau, Idaho, in the U.S. District Court of the District of Idaho, charging the operation with violating federal law by altering the Bruneau River and surrounding wetlands as part of a sand and gravel operation.

In September 2024, the EPA filed an amended complaint that provides before-and-after satellite photos showing eight connection points between the river and wetlands.

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.

U.S. attorneys filed a motion to continue to hold the case in abeyance, indicating in a court document that settlement negotiations with the ranch are continuing. A previous abeyance in the case ended on Tuesday.

"Despite a 43-day lapse of government appropriations that began at the end of the day on Sept. 30, 2025, the parties continued to engage in settlement discussions during the abeyance," the U.S. said in the motion.

"Ace Black Ranches submitted a settlement proposal to the United States on Jan. 15, 2026. EPA is currently reviewing that proposal and working to prepare a counteroffer, which it intends to share as soon as it is finalized and approved. The United States respectfully now moves the court to extend the abeyance for an additional 180 days, until Aug. 17, 2026, to facilitate the Parties' continuing settlement discussions."

The court dismissed the agency's original lawsuit because it failed to show continuous connection between the river and wetlands, nor did it comply with the Supreme Court's ruling in the Sackett v. EPA case.

EPA originally alleged the ranch made several alterations to the Bruneau River and surrounding wetlands without a Clean Water Act dredge-and-fill permit.

"To the extent that some adjacent wetlands may not presently have a continuous surface connection to the Bruneau River, that is because of defendant's violations," EPA said in the new complaint filed in 2024.

"Under Sackett, wetlands that had a continuous surface connection to the Bruneau River prior to defendant's violations are still adjacent wetlands. Prior to defendant's violations of the Clean Water Act occurring in and after October 2017, the adjacent wetlands had a continuous surface connection to the Bruneau River. Defendant's illegal conduct of placing illegal fill and other pollutants between the wetlands and the river had the effect of altering some of the adjacent wetlands' continuous surface connections to the Bruneau River."

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, 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 instead filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Idaho 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.

Read more on DTN:

"Idaho Ranch CWA Violations Detailed," https://www.dtnpf.com/….

Todd Neeley can be reached at todd.neeley@dtn.com

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