July 6, 2022
Fargo, US 69 F

SD Farmer Continues USDA Fight on Farm Field With Puddle Declared Wetland

By Todd Neeley, DTN Staff Reporter

OMAHA (DTN) — Whether USDA can force farmers in federal farm programs to waive constitutional rights to challenge wetlands determinations soon may be answered by a federal court.

South Dakota farmer Arlen Foster and USDA completed arguments last week on motions for summary judgement in an ongoing wetlands determination case.

Summary judgement is entered by a court for one party and against another without a full trial. Summary judgments may be issued on the merits of an entire case or on discrete issues.

The Natural Resource Conservation Service’s refusal to reconsider Foster’s wetland determination based on new information is a final agency action subject to review, Foster’s attorneys argued in a court brief filed in the U.S. District Court for the District of South Dakota.

“If NRCS’s refusal to accept review is not final agency action, then defendants are unlawfully withholding agency action,” the brief said.

Read more of this story from our partners at DTN/Progressive Farmer here: https://www.mydtn.com/agriculture/web/ag/news/article/2022/04/11/sd-farmer-continues-usda-fight-farm

Previous Article

NCGA’s National Research Ambassador Program Is A Success

Next Article

President Biden Announces Rural Playbook, Infrastructure Tour; To Speak at Iowa Ethanol Plant on Tuesday