Wetlands/Swampbuster Act: Federal Court Addresses Constitutional/Certification Challenges | Mitchell
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[Co-Author: Jeramy Ashton]
The United States District Court for the Southern District of South Dakota (“Court”) addressed in a July 2022 Opinion issues arising out of the application of the Swampbuster Act. See Foster v. USDA, No. 4:21-CV-0408-RAL (S.D. Da. July 1, 2022).
The Swampbuster Act encompasses the wetland conservation provisions of the Food Security Act of 1985.
The questions considered by the Court included the constitutionality of the Swampbuster Act and whether a property was properly certified as a wetland.
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