Articles Posted in Agriculture Law

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This case centered on a rural water conservation program administered in part by Defendants-Appellees United States Department of Agriculture (“USDA”), the Secretary of the USDA, the Farm Service Agency (“FSA”), and the Administrator of the FSA (collectively, “the agency”). Plaintiffs-Appellants Cure Land, LLC, and Cure Land II, LLC (collectively “Cure Land”) argued that the agency’s handling of a proposed amendment to the conservation program violated the National Environmental Policy Act (“NEPA”) and the Administrative Procedures Act (“APA”). The district court upheld the agency’s actions. Finding no reversible error after review of this matter, the Tenth Circuit affirmed. View "Cure Land v. USDA" on Justia Law

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The Bureau of Land Management (BLM) grants grazing permits to private individuals who own land adjacent to public lands; adjacent, private lands are called "base properties." Grazing permits limit both the number of animals grazing on a specific allotment of public land and the number of days they are permitted to graze. Appellant Stanley Jones appealed his convictions for one count of unlawful use or occupation of public lands, and two counts of allowing his livestock to graze without authorization on public lands. While Mr. Jones owned cattle in Wyoming, he was not the owner of the base properties adjacent to the two BLM public lands or allotments involved in this suit. Instead, his brother owned the adjacent base properties During the periods at issue, no grazing permit had been issued to Mr. Jones or his brother, nor has Mr. Jones leased his brother's property, as required for obtaining such a permit. After issuing Mr. Jones multiple administrative trespass notices and fines over the years for grazing his cattle on these and other allotments without a permit, the BLM, through the United States Attorney's Office for Wyoming, brought criminal charges against him, including one count of unlawful use or occupation, and for unauthorized grazing. A jury convicted Mr. Jones of all three criminal counts, and thereafter, the district court sentenced him to two years of supervised probation for each count, to be served concurrently, together with a $3,000 fine, contingent on his compliance with certain terms and conditions, and a $75 special assessment. Appearing pro se, Mr. Jones appealed, arguing that "the handling of the district court proceeding caused the jury to come to the wrong conclusion and that the true and honest facts should have been considered." Furthermore, Mr. Jones argued: (1) the district court improperly granted the government's motion in limine and excluded his witness from testifying, thereby depriving him of a fair trial; and (2) the proceedings against him were fundamentally unfair and denied him due process for a multitude of reasons. Finding no reversible error, the Tenth Circuit affirmed the district court. View "United States v. Jones" on Justia Law