James Widtfeldt v. Michael Johanns

U.S. Court of Appeals for the Eighth Circuit
James Widtfeldt v. Michael Johanns, 290 F. App'x 963 (8th Cir. 2008)

James Widtfeldt v. Michael Johanns

Opinion

PER CURIAM.

James Widtfeldt appeals the district court’s 2 adverse grant of summary judgment in this action for declaratory and injunctive relief under the Administrative Procedure Act (APA), 5 U.S.C. § 706(1) & (2), challenging an order of the United States Department of Agriculture (USDA), which found him ineligible for federal farm subsidies for the years 2000 and 2001 and required him to refund approximately $29,000 in payments he received for those years. Upon de novo review, we agree with the district court that the USDA’s decision was not arbitrary, capricious, an abuse of discretion, or otherwise inconsistent with the law. See Voyageurs Nat’l Park Ass’n v. Norton, 381 F.3d 759, 763 (8th Cir. 2004) (appellate standard of review and applicable legal standard under APA). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B.

2

. The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska.

Reference

Full Case Name
James WIDTFELDT; James Widtfeldt Trust, Appellants, v. Ed SCHAFER, in His Capacity as Secretary of the United States Department of Agriculture; United States Department of Agriculture; Monte Fletcher, in His Official Capacity as Holt County Executive Director of the United States Farm Service Agency, an Agency of the United States Department of Agriculture; Richard Kilmurry; Bonny Kilmurry; Hilger Brothers Partnerships; Gary A. Burival; Joyce A. Burival; Edwin Burival, Appellees
Status
Unpublished