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FOSTER v. U.S. DEPT. OF AGRICULTURE

No. 22-2729.

68 F.4th 372 (2023)

Arlen FOSTER, Plaintiff-Appellant v. UNITED STATES DEPARTMENT OF AGRICULTURE; Tom Vilsack, in his official capacity as Secretary of the United States Department of Agriculture; The Natural Resources Conservation Service; Terry Cosby, in his official capacity as Acting Chief of the Natural Resources Conservation Service; Tony Suseri, in his official capacity as Acting South Dakota State Conservationist, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 12, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and also appeared on the brief was Jeffrey Wilson McCoy , of Highlands Ranch, CO. The following attorney(s) appeared on the appellant brief; Paige Elizabeth Gilliard , of Arlington, VA.

Counsel who presented argument on behalf of the appellee and also appeared on the brief was Brian Toth , of Washington, DC. The following attorney(s) appeared on the appellee brief; Charles Edward Spicknall , of Washington, DC., Babak A. Rastgoufard , of Washington, DC., Paul G. Freeborne , of Washington, DC., Andrew M. Bernie , of Washington, DC.

Before BENTON, ERICKSON, and KOBES, Circuit Judges.

In this action, Arlen Foster maintains several administrative law claims against appellees. The district court1 granted summary judgment in favor of appellees. We affirm.

I. BACKGROUND

A. Statutory and Regulatory Framework

The Secretary of Agriculture ("Secretary"...

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