Andy Johnson built a pond on his Wyoming property for his daughter’s four horses in 2013. Before damming a small stream, he worked with state engineers to make sure the project restored wetlands and filtered the water running through the pond.
In 2014, the Environmental Protection Agency (EPA) ordered Johnson to rip out the pond or face $20 million in fines. After Johnson sued, the EPA used an extremely narrow interpretation of its guidance documents to argue that the pond was subject to the agency’s authority. After Johnson’s story garnered media attention, the EPA settled the lawsuit.
