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| Newsletter November 5, 2012 |
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U.S. DISTRICT COURT RULING UNDERCUTS FEDERAL REGULATIONS GOVERNING USE OF “FARMED WETLANDS”
A federal district court in California has ruled that a farmer did not “convert” wetlands under the Food Security Act when he releveled rice fields and, accordingly, did not render himself ineligible for farm program benefits. In Koshman v. Vilsack, the court set aside a contrary determination of the U.S. Department of Agriculture (“USDA”), finding that the USDA’s interpretation of its “farmed wetlands” regulations conflicts with the statute. The decision undercuts the validity of the USDA’s regulations prescribing limits on how farmers use “farmed wetlands.”
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Experienced Lawyers Dedicated to Excellence in The Practice of Land Use, Environmental, and Natural Resource Law
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Disclaimer: In our Newsletters and Bulletins, Briscoe Ivester & Bazel llp intends to present general information to the public and does not intend to provide legal advice pertaining to a particular situation.
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