Boucher v. U.S. Dep't of Agric.

Hamilton, Circuit Judge.

In the mid- to late-1990s, the late David Boucher cut down nine trees on his family farm in Indiana. For almost two decades, the United States Department of Agriculture (USDA) has disagreed, first with Mr. Boucher and now his widow, plaintiff Rita Boucher, about whether that modest tree removal converted several acres of wetlands into croplands, rendering the Bouchers' entire farm ineligible for USDA benefits that would otherwise be available.

Since at least 1985, federal law and regulatory policy have tried to remove financial incentives for destruction of…