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The Eighth Circuit Court of Appeals on Friday, May 12, 2023, ruled against Arlen Foster of Miner County, South Dakota, in his quest for a new review by the Natural Resources Conservation Service.
The USDA and South Dakota farmer Arlen Foster continue to battle over a Natural Resources Conservation Service determination that a small section of ground owned by Foster is a wetland. Foster presented new evidence to USDA in 2020 that alleges the contrary.
USDA is expected to file a motion to dismiss a lawsuit filed by a South Dakota farmer who alleges the agency unlawfully rejected requests to review a wetland determination made on his property.