Daniel Von Eye v. United States of America United States Department of Agriculture, Daniel R. Glickman, Secretary

MAGILL, Circuit Judge.

Daniel Von Eye wishes to continue his efforts to drain wetlands on his farm, but does not want to lose eligibility for United States Department of Agriculture (USDA) benefits under the Swampbuster Act, 16 U.S.C. §§ 3821-3824, which conditions receipt of USDA benefits on wetlands preservation. The USDA’s Agricultural Stabilization and Conservation Service’s (ASCS) National Appeals Division (NDS) determined that, while Von Eye’s previous drainage of wetlands fell within an exception to the Swampbuster Act, any additional excavations to drain the wetlands would render him…