Legal Opinion
Keith Barthel Dorothy Barthel v. United States Department of Agriculture, Daniel Glickman, Secretary
Court of Appeals for the Eighth Circuit
Decided June 18, 1999No. 98-2754PublishedCited by 13 opinions
1Opinion of the Court
BEAM, Circuit Judge. .
Keith and Dorothy Barthel (the Bar-thels) appeal the district court’s decision upholding the United States Department of Agriculture’s (USDA) limitation on the dredging of a drainage ditch. 1 The limitation leaves the Barthels’ hay meadow flooded. "We reverse and remand.
I. BACKGROUND
In 1916, the South Fork of the Élkhorn river was straightened to improve drainage. The straightened portion, referred to as “the ditch,” allowed certain land to be used for hay and pasture. The ditch was dredged in 1951 to clean out obstructions and silting which had occurred through the…
2Cases cited5 opinions
- Charles Gunn v. United States Department of Agriculture and Natural Resources Conservation ServiceCourt of Appeals for the Eighth Circuit · 1997
- Leslie Downer v. United States of America, Acting by and Through the United States Department of Agriculture and Soil Conservation ServiceCourt of Appeals for the Eighth Circuit · 1996
- Daniel Von Eye v. United States of America United States Department of Agriculture, Daniel R. Glickman, SecretaryCourt of Appeals for the Eighth Circuit · 1996
- The National Wildlife Federation v. The Agricultural Stabilization And Conservation ServiceCourt of Appeals for the Eighth Circuit · 1992
- Barthel v. LiermannNebraska Court of Appeals · 1993
3Cited by13 opinions
- Dawson Farms, LLC v. Farm Service AgencyCourt of Appeals for the Fifth Circuit · 2007
- Branstad v. GlickmanDistrict Court, N.D. Iowa · 2000
- B & D Land and Livestock Co. v. VenemanDistrict Court, N.D. Iowa · 2002
- B & D Land and Livestock Co. v. VenemanDistrict Court, N.D. Iowa · 2004
- Branstad v. VenemanDistrict Court, N.D. Iowa · 2001
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