United States Eighth Circuit

A refusal to grant a declaratory judgment and set aside a USDA determination that plaintiff converted wetlands in violation of the Swampbuster provisions of the Food Security Act of 1985 is affirmed over challenges to the USDA's: 1) interpretation of the term "converted wetland" and the sufficiency of the evidence to support its determination that she converted wetlands; and 2) regulation that placed the burden on her to request, and prove her eligibility for, a "minimal effect" exemption.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas A. Lawler, argued, Lawler & Swanson, Parkersburg, IA, for appellant.


• For Appellees:
  
• Gary L. Hayward, argued, AUSA, Des Moines, IA, for appellees.