Food & Water Watch v. United States Department of Agriculture, No. 20-5100 (D.C. Cir. 2021)Annotate this Case
A prospective farmer sought loans for a poultry farm to be built in Caroline County, Maryland. The lender applied for a Farm Service Agency (FSA) loan guarantee. Regulations interpreting the National Environmental Policy Act (NEPA), 42 U.S.C. 4321, then required FSA to conduct an environmental assessment. FSA consulted with local, state, and federal agencies; published drafts of an environmental assessment for public comment; and considered a private environmental consulting firm's recommendations. FSA issued a “finding of no significant impact” rather than a more detailed environmental impact statement. FSA provided the loan guarantee. The farm has been operating since 2016 and houses 192,000 birds. Two years after the loan was approved, FWW, an environmental group, filed suit, alleging that the failure to prepare an environmental impact statement violated NEPA, purportedly injuring thousands of FWW members, including one who lived adjoining the farm and was subjected to loud noises, bright lights, foul odors, and flies. Another FWW member, who fishes nearby, asserted concerns about pollution and aesthetic and recreational impacts. The district court granted FSA summary judgment on the merits.
The D.C. Circuit vacated and remanded for dismissal. FWW lacks standing; it failed to establish that its claims are redressable by favorable judicial action. It is not “likely, as opposed to merely speculative,” that vacatur of the loan guarantee would redress its members’ alleged injuries. The loan guarantee might have been a “substantial contributing factor” to the farm’s construction, but a new status quo existed when FWW filed suit.