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Agricultural conversion

Maple Drive Farms Ltd. Partnership v. Vilsack

The Sixth Circuit held that USDA failed to comply with its own regulations when it determined a farm was ineligible for program benefits under the "Swampbuster" provisions of the Food Security Act of 1985. USDA determined the farm was...

The Minimal Effects Exemption and the Regulation of Headwater Wetlands Under Swampbuster, With a Coda on the Theme of SWANCC

Under the Wetland Conservation subtitle of the Food Security Act of 1985, as amended, commonly known as "Swampbuster," wetlands may be used to grow crops provided they are not degraded by this practice. In the legislation, Congress has...

Barthel v. Department of Agric.

The court holds that farmers may dredge and clean a ditch as necessary to farm their land as they did before the Swampbuster provision of the Food Security Act became effective. Before Swampbuster became effective, the farmers dredged...

Recent Developments in Federal Wetlands Law: Part III

Editors' Summary: This Article is the last in a three-part series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. ...

Federal Wetlands Law: Part III

Editors' Summary: This Article is the third in a three-part series on federal wetlands law. In it, the author concludes her comprehensive review of the current state of laws and regulations that address wetlands. In the first two...