Mariculture Technologies International, Inc. v. Farm Service Agency, et al, No. 11-13186 (11th Cir. 2012)

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Case: 11-13186 Date Filed: 10/15/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-13186 Non-Argument Calendar ________________________ D. C. Docket No. 6:09-cv-00905-JA-GJK MARICULTURE TECHNOLOGIES INTERNATIONAL, INC., Plaintiff-Appellant, versus FARM SERVICE AGENCY, SECRETARY OF THE U.S. DEPARTMENT OF AGRICULTURE, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (October 15, 2012) Before TJOFLAT, JORDAN and ANDERSON, Circuit Judges. PER CURIAM: In administrative proceedings before the U.S. Department of Agriculture Case: 11-13186 Date Filed: 10/15/2012 Page: 2 of 2 ( USDA ), the National Appeals Division (of the USDA) determined that Mariculture Technologies International, Inc., must refund the federal crop disaster assistance payment it had received, $27,492, for business losses due to hurricanes that struck Florida in 1994. The refund was ordered because Mariculture failed to comply with the requirement that it purchase Non-insured Crop Disaster Assistance Program ( NAP ) coverage for two years. Mariculture brought this action in the District Court as an appeal of that administrative decision. In an order entered on June 9, 2011, the District Court, on the basis of the administrative record, granted the Secretary of the USDA (and the Farm Service Agency) judgment. The court concluded that the refund decision was supported by substantial evidence and was not arbitrary, capricious or an abuse of discretion. Mariculture appeals the District Court s judgment, arguing that the District Court s findings (in support of its judgment) are clearly erroneous. Appellant s Br. at 20, 27-29. We find no merit in Mariculture s appeal, for the reasons stated in the District Court s June 9, 2011 order, and therefore affirm. AFFIRMED. 2

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