United States v. Kerry Johansen, Michael Johansen

HEANEY, Circuit Judge.

In the early 1960s, the federal government purchased easements on the farmland tracts of Kerry Johansen and Michael Johansen (the Johansens) for the maintenance of waterfowl production areas. After two unusually wet years in North Dakota, the Johansens requested the United States Fish and Wildlife Service (FWS) to delineate the extent of its wetland easements. The FWS refused, arguing that any wetlands that develop during wet years are subject to the easements’ restrictions. Nevertheless, the Johansens proceeded to drain portions of their farmland tracts to contain the…