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JAGERS v. FEDERAL CROP INS. CORP.

No. 12-1342.

758 F.3d 1179 (2014)

E. Dean JAGERS; Tom Jacobs; Stanley Krieger; Matt Rosengrants; Sand Arroyo Ranch, Inc., Plaintiffs-Appellants, and Glen R. Ausmus; Russell L. Ausmus, Plaintiffs, v. FEDERAL CROP INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 14, 2014.

Attorney(s) appearing for the Case

Jeff L. Todd ( Jeremiah L. Buettner with him on the briefs) of McAfee & Taft, Oklahoma City, OK, for Plaintiffs-Appellants.

Michael C. Johnson , Assistant United States Attorney ( John F. Walsh , United States Attorney, with him on the brief), Denver, CO, for Defendant-Appellee.

Before KELLY, McKAY, and MATHESON, Circuit Judges.

McKAY, Circuit Judge.

In this appeal, we consider whether Appellee Federal Crop Insurance Corporation acted arbitrarily or capriciously in denying federal crop insurance coverage for corn that Appellants planted in 2008 on newly broken, non-irrigated acreage in Baca County, Colorado. The agency determined that coverage should be denied because Appellants failed to follow good farming practices by planting on this newly broken land without first allowing a fallow period...

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