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VON EYE v. U.S.

No. 95-3034.

92 F.3d 681 (1996)

Daniel VON EYE, Appellant, v. UNITED STATES of America; United States Department of Agriculture, Daniel R. Glickman, Secretary, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1996.

Attorney(s) appearing for the Case

Bret Merkle, argued, Sioux Falls, South Dakota (Harry A. Engberg, on the brief), for appellant.

Craig Peyton, Asst. U.S. Atty., argued, Sioux Falls, South Dakota, for appellees.

Before RICHARD S. ARNOLD, Chief Judge, MAGILL, Circuit Judge, and VAN SICKLE, District Judge.

MAGILL, Circuit Judge.

Daniel Von Eye wishes to continue his efforts to drain wetlands on his farm, but does not want to lose eligibility for United States Department of Agriculture (USDA) benefits under the Swampbuster Act, 16 U.S.C. §§ 3821-3824, which conditions receipt of USDA benefits on wetlands preservation. The USDA's Agricultural Stabilization and Conservation Service's (ASCS) National Appeals Division (NDS) determined that, while Von Eye's previous...

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