ELR Citation: ELR 20210
No(s). 07-3127 (8th Cir. Aug 12, 2008)

The Eighth Circuit affirmed a lower court decision refusing to set aside a U.S. Department of Agriculture (USDA) determination that a landowner converted wetlands in violation of the Swampbuster provisions of the Food Security Act of 1985, thereby rendering her ineligible for certain farm program payments. The USDA's interpretation of "converted wetlands" as including manipulations to wetlands that make the wetlands more suitable for farming was persuasive, practical, and permissible under the statute. Moreover, it is beyond dispute that the landowner manipulated the wetlands in question for the purpose of making the production of an agricultural commodity more feasible. The court also upheld a USDA regulation that places the burden of proof on the landowner if the landowner converts a wetland without first asking the USDA to make a minimal effect determination. The burden-assigning regulation was consistent with, and a permissible construction of, the statute.