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HORN FARMS, INC. v. JOHANNS

No. 04-2948, 04-2909.

397 F.3d 472 (2005)

HORN FARMS, INC., Plaintiff-Appellee, Cross-Appellant, v. Mike JOHANNS, Secretary of Agriculture, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 2, 2005.

Attorney(s) appearing for the Case

Brandon L. Jensen (argued), Budd Falen, Cheyenne, WY, for Plaintiff-Appellee, Cross-Appellant.

John S. Koppel (argued), Department of Justice Civil Division, Appellate Section, Washington, DC; Clifford D. Johnson, South Bend, IN; and Andrew B. Baker, Jr., Office of the United States Attorney, Hammond, IN, for Defendants-Appellants, Cross-Appellees.

Before BAUER, EASTERBROOK, and WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

Farmers who convert wetlands to agricultural use lose eligibility for federal agricultural subsidies. The initial version of this statute, 16 U.S.C. §§ 3821-24, enacted in 1985 and dubbed "Swampbuster," made the loss proportional to the amount of wetland converted. An amendment in 1990 provided that converting any wetland would cause the farmer to lose all agricultural payments. A further amendment in 1996 added...

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