NATIONAL WILDLIFE FEDERATION v. AGR. STABIL. & CONS. SERVICE

No. 89-5474.

901 F.2d 673 (1990)

The NATIONAL WILDLIFE FEDERATION and the North Dakota Wildlife Federation, Appellants, v. The AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, an agency of the United States Department of Agriculture, and the Bottineau County Water Resource District, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 19, 1990.


Attorney(s) appearing for the Case

Anthony N. Turrini, Bismarck, N.D., for appellants.

Patricia M. Bryan, Washington, D.C., for appellees.

Before LAY, Chief Judge, BEAM, Circuit Judge, and HANSON, Senior District Judge.


HANSON, Senior District Judge.

The sole issue presented by this appeal is whether appellants have standing to challenge the decision of the Agricultural Stabilization and Conservation Service (ASCS) to exempt approximately 6,500 acres of prairie wetland in North Dakota from the protection of the wetland conservation provisions of the Food Security Act of 1985. The 6,500 acres constitute the Bottineau County Water Resource District — a drainage district heavily...

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