Foster v. Vilsack, No. 14-3887 (8th Cir. 2016)Annotate this Case
Plaintiffs challenged the USDA's determination that a portion of their farmland is a wetland within the meaning of the pertinent federal statutes and regulations. The court affirmed the district court's grant of summary judgment in favor of the USDA, concluding that the agency's final decision was not arbitrary, capricious, or contrary to the law. In this case, the USDA did not err in determining that Site 1 had the requisite hydrology to quaify as a wetland, and the USDA properly determined that Site 1 would support a prevalence of hydrophytic vegetation under normal circumstances.