United States Federal Circuit

In the government's appeal of a decision of the U.S. Court of Federal Claims finding that it possessed subject matter jurisdiction under the Tucker Act, 28 U.S.C. section 1491(b)(1) (2012), to resolve the instant action filed by plaintiff involving cooperative farming agreements (CFAs) between the Fish and Wildlife Service (Service) and individual farmers to grow crops on public land, the Claims Court decision is vacated where: 1) the Service permissibly construed the 1958 Act; 2) the Service properly construed the CFAs as Cooperative Agreements; and 3) Cooperative Agreements are not subject to Tucker Act review.

Appellate Information

• Published 2016/01/14

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel