Standing Up for the Right to a Jury: Update on the King Ranch Defense and Jury Trial Challenge

News & Press / November 2026

Cairncross & Hempelmann is leading the defense of Wade and Teresa King, Washington ranchers facing a wide range of legal proceedings brought by the State of Washington. A recent ruling from the Washington Court of Appeals, along with a national media spotlight, marks a significant moment in the case.

On September 25, 2026, Division III of the Washington Court of Appeals stayed administrative proceedings against Wade and Teresa King while their constitutional lawsuit proceeds on appeal. Jamie Grifo leads Cairncross & Hempelmann’s overall defense of the Kings across the related court and administrative proceedings.

The Kings’ story

Wade and Teresa King operate a multigenerational cattle ranch on the Columbia Plateau in Grant and Douglas counties, the driest part of Washington. The Department of Ecology alleges that the Kings’ work on stockwater ponds damaged areas that Ecology characterizes as regulated “alkali wetlands.” Those allegations have generated substantial civil penalties, costly restoration demands, and parallel administrative and civil proceedings, as well as a criminal investigation that has since been closed. The Kings dispute Ecology’s characterization of their stockwater ponds as regulated wetlands and its authority to regulate them. They are also challenging the constitutionality of the process.

A significant step forward

In its September 25 ruling, Division III of the Washington Court of Appeals stayed the Pollution Control Hearings Board (PCHB) proceedings pending appeal of the Kings’ constitutional jury trial challenge. Commissioner Hailey Landrus found a debatable issue about whether the Kings may obtain judicial review of that challenge before completing the PCHB process. She also concluded that requiring them to undergo the challenged nonjury proceeding could cause irreparable harm.

The ruling does not resolve the jury trial question. But by staying the administrative case while the constitutional appeal proceeds, it provides meaningful protection for the Kings.

Why the jury trial question matters

One important issue in the broader dispute is whether the Washington Constitution entitles the Kings to a jury trial on Ecology’s punitive civil penalties. Following the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy, we developed and briefed that argument before the PCHB. In Jarkesy, the Court held that defendants facing SEC civil penalties for securities fraud have a Seventh Amendment right to a jury trial. The Kings’ argument draws on Washington’s independent constitutional jury trial guarantee and the Supreme Court’s analysis of administrative penalty proceedings. A favorable resolution could have implications well beyond this particular enforcement action.

Our team brought Pacific Legal Foundation (PLF) into the case to pursue the related constitutional challenge. PLF leads the separate constitutional lawsuit in collaboration with Jamie Grifo. That partnership produced the appellate stay.

Key developments in the defense

  • Protecting the Kings’ constitutional rights. We successfully moved to stay the administrative PCHB proceedings earlier in the case to safeguard the Kings’ Fifth Amendment rights while the State pursued parallel civil enforcement and a criminal investigation.
  • Defending against the criminal investigation. We defended the Kings in the Attorney General’s Environmental Protection Division (EPD) investigation, which has since been closed. When EPD initially declined to confirm the closure in writing, we obtained that confirmation from Ecology through PCHB motions practice.
  • Securing an adjudicator’s recusal. Jamie Grifo successfully moved for the recusal of an adjudicator in the King Ranch PCHB appeal.

In the news

The Kings’ story recently drew national attention.

Watch their segment on Fox News: Washington ranchers battle state over massive environmental regulations.

Read the related Fox News article about the Kings’ challenge: Inside a rancher family’s clash with gov’t that could have ripple effect right to SCOTUS: ‘Existential threat.’

Learn more

We are proud to stand with Wade and Teresa King, and we will continue defending their rights and challenging Ecology’s enforcement action.