ELR Citation: ELR 20025
No(s). s. 04-2948, -2909 (7th Cir. Feb 2, 2005)

The Seventh Circuit held that a farmer who converted wetlands on his land to agricultural use is ineligible for federal agricultural subsidies under the swampbuster legislation. An exception to this legislation allows subsidies for wetlands that had been drained and farmed prior to December 23, 1985, reverted to wetland status after December 23, 1985, and then restored again to agricultural use. But because the farmer's land had reverted to wetland status prior to December 23, 1985, he was ineligible for the exception and lost all federal agricultural subsidies when he restored his land to agricultural use. And despite the farmer's arguments to the contrary, the U.S. Congress does not lack authority to make agricultural subsidies contingent on preserving wetlands.