Articles & Documents

Affirmative Defense

 

What is Affirmative Defense? As described by definition, it is… “A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal and/or civil liability, even if it is proven that the defendant committed the alleged acts.”

 

It is further stated… “When a defendant in a lawsuit files a response, usually called an ‘answer,’ the answer will state the defendant’s denials of the claims made. In addition, the defendant may state affirmative defenses that excuse or justify the behavior on which the lawsuit is based.”

 

Below, readers will find many documents outlining Affirmative Defenses related to the Brace Case, a case involving wetlands and a family farmer’s right to own, farm, and use his own private property. While the defenses are many, including approvals from USDA, ASCS, a Clean Water Act farming exemption and the approvals of many other government agents and agencies over the years, federal judges have chosen to ignore the facts presented to them.

 

Readers are encouraged to peruse the many documents below, as well as to view the videotape entitled “The Robert Brace Case.” Decide for yourself if our government is out of control.

The Robert Brace Case

 

• Despite negative ruling, Waterford farmer vows to keep fighting for land

 

• Waterford’s Brace sued by lawyer for $500,000

 

• Waterford farmer appeals federal case over wetlands, again

 

• Their Lives, Their Fortunes And Their Sacred Honor

 

• Pennsylvania Landowners - March 1996 Issue

 

• Costly Encounters

 

• See the Green Movement as of 30 years ago

 

• The 8th Commandment - A Sacred Right

 

• Chinese Land Reform (Source website)

 

• China realizes Marxism doesn’t work

 

• Judge Allegra Finds 85 and 86 not a new use

 

• Congressional Record 96 Congress

 

• More Good News

 

• Property Rights Activists Unite in D.C. 1991

 

• Who’s Polluting?

 

• Figure 8 Converted Wetlands / 1980’s Advisory Letter

 

• Garland farm supposedly exempt from environmental law

 

• ECO Strategies Report ignored because it makes Third Circuit Court of Appeals wrong

 

• Fines and Penalties

 

• Federal Register 1987

 

• Recapturing Permits Even When Legal

 

• Deed Restriction

 

• Who Owns PA?

 

• Academic Standards for Environment and Ecology

 

• Government Bailouts

 

• From the Beginning – High School 1955

 

• Robert Brace Case – August 2019 Update

 

• ECO STRATEGIES – Response to Edwards 2017 Flood Report

 

• Andy Martin – The Man That Started The Trouble

 

• Supreme Court of the United States, October term, 1994

 

• Red Tape Over Labor – Brace “I’m Done”

 

• Amicus brief – April 24, 1995

 

• Pennsylvania Landowner – Winter 2000

 

• Outdoors opposed access – Fishing access

 

• EASEMENTS – About our Theme

 

• Takings – Defendant’s Evidence

 

• Defenders of Property Rights – Winter 2005-06

 

• PLA CELEBRATES 19TH ANNIVERSARY! – Celebrating 19 years

 

• Keith Klingler – The Assault on Private Property Rights

 

• Letter to EPA 11.28.16

 

• Property Rights Foundation Honors Robert Brace

 

• Environmental Reporter

 

• Heaven Help Robert Brace (Farmshine Article 8.26.16)

(Your Land and Water Rights Are NOT Guaranteed!)

 

• Over Zealous Officer's Abuse of Power

 

• F1 & F2 Farming

 

• Response to Government Letter, 7.13.16

 

• Summary of Testimony of Robert Brace

 

• Letter to DOJ in Response to January 11th, 2016 Letter

 

• ADM Crop Insurance Letter

 

• Bob Brace's Questions for Senator Toomey

 

• A Nice Sanctuary - this is where it all started!

 

• Comments to the Clean Water Act

 

• The "Why's"

 

• The Brace Travesty

 

• Brace Affidavit

 

• Brace Consent Decree

 

• Federal Court Claim from Judge Allegra, 08.04.2006

 

• Conclusion of Law

 

• 2007 Rule

 

• Legal Proof by Eco-Strategies

 

• Discussion at Trial with Judge Allegra

 

• Brace Case Article, April 1994

 

• Denied Motions for Takings

 

• Newsletter, August 1995

 

• Newsletter, July 1998

 

• The WOTUS Rule (Farming, Jan 2016)

 

• A True Friend

 

• Appeal for Brace Case

 

• Individual vs. United States of America - by Hillary Brace

 

Miscellaneous

 

• Allegheny River Designated Under Wild and Scenic Rivers Act

 

• PLA Sponsors

 

• USDA Definitions

 

• Joint Guidance of the Army Corp of Engineers

 

• Letters from Hunters to Representatives

 

• If You Don't Know WHY It May Be Too Late - H. Ingram, Esq.

 

• The Deadly Prejudice

 

• Live Free or Move

 

• Obama's Last Year in Office

 

• Hi & Lois

Latest News and Info in PDF and external links

 

• Game Land Rancor – January 2024

 

• WOTUS Final Rule Agricultural Fact Sheet

 

• In the United States Court of Federal Claims, February 11, 2002
Government Summary Judgement on Taking Denied

 

• The Westerner: What is normal farming

 

• Amazing American Corn: Why Produce Ethanol?

 

• The Real Cause of Climate Change

 

• Cultivating Dissent: Wetlands Regulators Down on the Farm

 

• The United EPA of America

 

• Notable & Quotable

 

• Does Anybody Care?

 

• Letters To and From Tom Ridge

 

• Managing Puddles

 

• Rebuilding Liberty

 

• Buchanan Ingersoll Letter

 

• Supreme Court

 

• American Constitution

 

• Blood & Dirt

 

• United States v. Brace cases -- March-April-May 2018 filings

 

• Ex. 8 - Lapp Testimony Ct. Cl. (pp. 525 - 526) 1-12-05

 

• Ex. 9 - Lapp Testimony Ct. Cl. (pp. 610 - 611) 1-13-05

 

• Ex. 10 - Lapp Testimony Ct. Cl. (pp. 675 - 676) 1-13-05

 

• Ex. 11 - Lapp Testimony Ct. Cl. (pp. 657 - 658) 1-13-05

 

• Ex. 12 - Lapp Testimony Ct. Cl. (pp. 660 - 662) 1-13-05

 

• Ex. 13 - Lapp Testimony Ct. Cl. (pp. 663 - 664) 1-13-05

 

• Ex. 14 US Dist. Ct. Order (1993)

 

• Ex. 15 3rd Cir. Ct. Order (1994)

 

• 30-Year-Old EPA Wetlands Case Takes Favorable Turn for Aggrieved Pennsylvania Farmer -- PRESS RELEASE

 

• Waterford’s Bob Brace sues government for $8 million

 

• Pa. farmer sues government for $8.1 million

 

• Update Justice May Yet be Served in 30-Year-Old EPA Wetlands Case Against Small Pa Farmer

 

• Justice May Yet be Served in 30-Year-Old EPA Wetlands Case Against Small Pa Farmer PDF

 

• Sixth Circuit Rebukes USDA in Swampbuster Case

 

• Federal Environmental, Wildlife and Indian Policies Jeapordizing U.S. National Food Security

 

• Farm and Dairy - US vs. Brace, the 30-year battle

 

• Slow Pace of Trump Nominations Leaves Cabinet Agencies Stuck in Staffing Limbo

 

• Michael Bastasch, ‘I Will Name Names’: Infighting At EPA Drives Top Official To Resign, Daily Caller

 

• Timothy Cama, Trump Appointee Steps Down at EPA, The Hill

 

• Andrew Restuccia, Marianne Levine and Nahal Toosi, Federal Workers Turn to Encryption to Thwart Trump, Politico

 

• John Siciliano, Judicial Watch Sues EPA Over Use of Software to Undermine Trump, Washington Examiner

 

• Ralph R. Smith, Another FOIA Lawsuit for the EPA, FedSmith.com

 

• Washington University Regulation Studies Center Regulation   Digest

 

• EPA Disregard for "WOTUS" Prior Converted Cropland Exclusion Kills Ag Jobs and Contributes to National Security Risk

 

EPA News

 

• EPA Rescinding Valid Clean Water Permits

 

• EPA in Hot Water Thanks to GAO

 

• EPA Definitions

 

• Landowner's Comments on EPA's Proposed Clean Water Act Change

 

• Clean Water Act Section 404 Regulatory Program & Agricultural Activities

 

• Sign the Online Petition - Say NO to the EPA!

 

EPA Correspondance

 

• Knox Law Firm Correspondance - May 2015

 

• Brace Case - 2014

 

• Final Letter to Devlin About Brace CD Violations

 

USDA Conservation Compliance

 

• 5 Steps to Conservation Compliance

 

• Form AD 1026

 

Section 404 of the Clean Water Act

 

• Enforcement Section 404

 

• Memorandum of Agreement: Corps of Engineers & EPA

 

Newsletter Archives

 

• October 1990 - PLA Joins National Property Rights Advocate

 

• December 1991 - DC Protest

 

• December 1993 - Defending 5th Ammendment

 

• April 1994 - USA vs. Robert Brace

 

• November 1994 - The Candidates

 

• January 1995 - Philadelphia Judges Gut Wetland

 

• August 1995 - PA Farmer Denied Supreme Court Hearing

 

• July 1998 - Initiate Takings Claim

 

• November 1998 - Brace Files Takings Claim

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