Asian citrus psyllid California citrus industry huanglongbing disease CDFA lawsuit Evergreen Wholesale nursery citrus greening agricultural regulations pest quarantine zones small business damages agricultural law

Mark Collins, owner of Evergreen Wholesale—a 230-acre plant nursery in San Diego—has spent over 40 years cultivating citrus trees. This year, his business nearly collapsed after California agriculture officials destroyed more than 32,000 of his citrus plants under an anti-pest regulation. Collins is now suing the California Department of Food and Agriculture (CDFA) in federal court, alleging the state’s actions cost him up to $3 million in damages.

The dispute stems from the Asian citrus psyllid (ACP), a tiny, speckled brown insect measuring just one-eighth of an inch long. The ACP carries huanglongbing (HLB), also known as “citrus greening” disease, which infects trees and causes bitter, inedible fruit. While harmless to humans and animals, HLB is incurable and fatal to citrus trees within a few years. The disease has devastated Florida’s citrus industry, and ACPs were first detected in California in 2008, spreading across the southern part of the state.

Fearing the pests would devastate California’s citrus farms, state regulators issued an emergency order in 2018. The order imposed a 5-mile radius quarantine zone around any plant testing positive for HLB. Collins, who has lived in both Florida and California, argues that ACPs thrive in humid climates but are less of a threat in Escondido, where his farm is located. Despite taking precautions—such as building an ACP house, regular pesticide spraying, and soil treatments—Collins says the state’s response left him with no viable options.

State’s Quarantine Order Leads to Destruction of 32,000 Trees

In November 2023, the CDFA declared a quarantine zone based on an “undisclosed” finding of HLB about five miles from Collins’ farm, according to his lawsuit. The quarantine zone touched a corner of his property where Collins says no citrus trees were present. The lawsuit alleges the state then gave Collins three “impractical and impossible” choices:

  • Move all trees into insect-resistant structures and agree to sell plants only within the quarantine area after two years;
  • Plant all trees in the ground, which Collins says would take years and exceed his property’s capacity;
  • Face the destruction of his entire stock.

To save his business, Collins opted to relocate new plants into ACP houses. He claims he worked to find a solution but says the state “refused to collaborate.”

In May 2025, during an administrative hearing, Collins said the CDFA could not produce evidence of ACP on his property. He maintained that his trees were healthy. However, a few months later, a judge ordered the CDFA to destroy and remove his trees. In January 2025, state agriculture employees arrived at his farm to carry out the destruction.

Nursery Owner Alleges State Overreach and Financial Harm

Collins’ lawsuit argues that the CDFA’s actions were unjustified, as no evidence of ACP or HLB was found on his property. He contends the state’s emergency order and subsequent enforcement caused severe financial losses, including the loss of inventory, labor costs, and long-term business viability. The lawsuit seeks compensation for damages, claiming the state’s actions were arbitrary and failed to consider alternative solutions.

The case highlights the tension between agricultural regulations designed to prevent invasive species and the economic impact on small businesses. Collins’ fight underscores the challenges faced by growers when state agencies enforce strict quarantine measures without clear evidence of pest presence on their land.

Source: Reason
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