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FOSTER v. U.S. DEPT. OF AGRICULTURE

4:21-CV-04081-RAL.

609 F.Supp.3d 769 (2022)

Arlen FOSTER, Plaintiff, v. The UNITED STATES DEPARTMENT OF AGRICULTURE, Tom Vilsack, in his Official Capacity as Secretary of the United States Department of Agriculture; The Natural Resources Conservation Service, Terry Cosby, in his Official Capacity as Acting Chief of the Natural Resources Conservation Service; and Tony Suseri, in his Official Capacity as Acting South Dakota State Conservationist, Defendants.

United States District Court, D. South Dakota, Southern Division.

Signed July 1, 2022.

Attorney(s) appearing for the Case

Christopher D. Sommers, Redstone Law Firm LLP, Sioux Falls, SD, Anthony L. Francois, Pro Hac Vice, Jeffrey W. McCoy, Pro Hac Vice, Pacific Legal Foundation, Sacramento, CA, for Plaintiff.

Alison J. Ramsdell, U.S. Attorney's Office, Sioux Falls, SD, Paul G. Freeborne, Pro Hac Vice, U.S. Department of Justice, Enrd Natural Resources Section, Washington, DC, for Defendants The United States Department of Agriculture, Tom Vilsack, The Natural Resources Conservation Service, Terry Cosby, Tony Suseri.

OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

Arlen Foster ("Foster") owns a piece of farmland that was certified as a "wetland" in 2011 pursuant to the Swampbuster Act, 16 U.S.C. §§ 3801, 3821-3824. Foster brought this complaint...

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