Category: Agricultural Law

The Land of 10,000 Potholes

It’s not often that you hear North Dakota farmers complain about getting a little rain, but this year there is nothing little about the moisture in North Dakota’s fields.  Along with this rain that just won’t quit, farmers are seeing a lot of new standing water on their fields.  What may come as a surprise … Read More

Fighting the Man: The Processes for Challenging Government Agency Determinations

Farm Service Agency (FSA), Natural Resources Conservation Service (NRCS), and Risk Management Agency (RMA) are all federal government agencies with which farmers and ranchers are very familiar.  My guess is that many of you have received, or will receive, letters from some of these agencies that you disagree with.  For example, a letter telling you … Read More

Financial Eligibility Requirements and Attorneys’ Fees Awards

  Most farmers have probably received federal farm program payments, and possibly, program payment denials over the years.  I wrote a different blog post titled “Fighting the Man” in which I outlined the process for challenging such denials through the USDA’s National Appeals Division, and eventually up to the federal district courts.  This process applies … Read More

Seven long years: ND organic farmer wins USDA appeal

But Braaten says lawyers experienced with NRCS jargon and procedures can help. Sometimes farmers can get their lawyer fees paid through the Equal Access to Judgment Act. “Sometimes there isn’t a lot of money at stake and we can go through the file with the farmer and explain how we’d present the case,” he says. … Read More