Legal Opinion
Arlen Foster v. Tom Vilsack
Court of Appeals for the Eighth Circuit
Decided April 11, 2016No. 14-3887PublishedCited by 8 opinions
1Opinion of the Court
BYE, Circuit Judge.
Arlen and Cindy Fostér brought this action to challenge the United States Department of Agriculture’s (USDA’s) determination that a portion of the Fosters’ farmland is a wetland within the meaning of the pertinent federal statutes and regulations. The district court 1 granted summary judgment in favor of the USDA after concluding the agency’s final decision was not arbitrary, capricious," or contrary to the law. We affirm.
■ I
Arlen and Cindy Foster own and farm land in Miner County, South Dakota. Miner County is located within what is generally referred to as the Prairie…
2Cases cited6 opinions
- Voyageurs National Park Ass'n v. NortonCourt of Appeals for the Eighth Circuit · 2004
- 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
- Clark v. United States Department of AgricultureCourt of Appeals for the Eighth Circuit · 2008
- Ben Doud v. Toy Box Development Co.Court of Appeals for the Eighth Circuit · 2015
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Kevin MastCourt of Appeals for the Eighth Circuit · 2021
- Arlen Foster v. U.S. Dept. of AgricultureCourt of Appeals for the Eighth Circuit · 2023
- Buergofol GmbH v. Omega Liner Company, Inc.District Court, D. South Dakota · 2025
- Cardinal Land Conservancy, Inc. v. United States Department of AgricultureDistrict Court, S.D. Ohio · 2022
- Foster v. The United States Department of AgricultureDistrict Court, D. South Dakota · 2022
3 more not listed; retrieve them via the Exa API.