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United States Eighth Circuit


Ballanger v. Johanns, 06-3889

In a suit challenging a USDA ruling that plaintiff converted wetlands for agricultural use and thereby became ineligible to receive certain USDA benefits, district court affirmation of the administrative ruling is affirmed where: 1) plaintiff had not exhausted his administrative remedies as to certain issues; and 2) the administrative finding that plaintiff had removed woody vegetation and subsequently farmed land that had not been shown to be otherwise degraded was not arbitrary or capricious.

Appellate Information

  • Decided 08/01/2007
  • Published 08/01/2007

Judges

  • MELLOY, Circuit Judge., Before MELLOY, BOWMAN, and GRUENDER, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Counsel who presented argument on behalf of the appellant was Thomas A. Lawler, Parkersburg, Iowa.

  • For Appellees:
  • Counsel who presented argument on behalf of the appellee was AUSA Gary Lee Hayward, Des Moines, Iowa.
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