BOUCHER v. UNITED STATES DEPARTMENT OF AGRICULTURE et al

Filing 69

ORDER FOLLOWING MANDATE - This matter is before the Court following the Mandate issued by the United States Court of Appeals for the Seventh Circuit on September 30, 2019 (Filing No. 68 ). Pursuant to 5 U.S.C. § 706(2), the Court SETS ASID E the USDA's actions, findings, and conclusions as being arbitrary and capricious, and REMANDS this matter to the USDA to complete another investigation without delay and in compliance with the proper procedures required by law and in accorda nce with the Seventh Circuit's Opinion. Ms. Boucher is granted her costs in this action. Ms. Boucher is directed to file a Bill of Costs within thirty (30) days of this Order. The Court vacates its initial Final Judgment at Filing No. 58 . Final judgment will issue under separate order. (See Order.) Signed by Judge Tanya Walton Pratt on 10/2/2019.(NAD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
RITA BOUCHER,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
AGRICULTURE, and SONNY PERDUE, 1
Defendants.

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Case No. 1:13-cv-01585-TWP-MPB

ORDER FOLLOWING MANDATE
This matter is before the Court following the Mandate issued by the United States Court of
Appeals for the Seventh Circuit on September 30, 2019 (Filing No. 68).
Plaintiff Rita Boucher (“Ms. Boucher”) owns real property located in Hancock County,
Indiana. The Property has been utilized as a farmstead for the production of livestock and grain
for more than 150 years. Ms. Boucher and her late husband, David Boucher (“Mr. Boucher”), have
owned the Property or otherwise been involved with it since at least the 1980s. They have received
economic benefits through the Defendant United States Department of Agriculture’s (“USDA”)
farming programs. In order to qualify for the USDA’s farming program economic benefits, certain
requirements must be met and maintained at the Property, including wetlands conservation
activities to preserve existing wetlands.
In the early 1990s, Mr. Boucher began to clean up areas of the farmland. In 2002, a USDA
representative reported a potential wetland violation. This initiated a series of site visits and USDA
decisions regarding the Property. The USDA eventually determined that portions of the Property

Sonny Perdue is now the United States Secretary of Agriculture. Pursuant to Rule 25(d) of the Federal Rules of Civil
Procedure, Sonny Perdue is substituted for Secretary Tom Vilsack as a defendant in this suit.
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were wetlands and converted wetlands, and Ms. Boucher pursued the administrative process to
appeal the determination.
On October 3, 2013, Ms. Boucher initiated this lawsuit, seeking judicial review of the final
determination of the USDA that portions of her farmland property were wetlands and converted
wetlands, thereby jeopardizing certain farming program economic benefits. Ms. Boucher requested
declaratory relief under the Administrative Procedure Act, 5 U.S.C. § 706, that the USDA’s actions
were arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; were
in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; were without
observance of procedure required by law; and were unsupported by substantial evidence (Filing
No. 1 at 5). After the parties filed cross-motions for summary judgment, the Court denied Ms.
Boucher’s motion and granted the USDA’s motion, giving deference to the agency and upholding
the actions of the agency (Filing No. 57), and entered final judgment in favor of the USDA (Filing
No. 58). Ms. Boucher thereafter filed an appeal.
On appeal, the Seventh Circuit determined that the USDA’s actions were arbitrary and
capricious, and therefore explained, “We reverse the district court’s affirmance of the USDA’s
final determination and remand the case to the district court to enter judgment granting appropriate
relief to plaintiff Rita Boucher.” (Filing No. 68 at 5.)
Pursuant to 5 U.S.C. § 706(2), the Court SETS ASIDE the USDA’s actions, findings, and
conclusions as being arbitrary and capricious, and REMANDS this matter to the USDA to
complete another investigation without delay and in compliance with the proper procedures
required by law and in accordance with the Seventh Circuit’s Opinion. Ms. Boucher is granted
her costs in this action. Ms. Boucher is directed to file a Bill of Costs within thirty (30) days of

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this Order. The Court vacates its initial Final Judgment at Filing No. 58. Final judgment will issue
under separate order.
SO ORDERED.

Date:

10/2/2019

Distribution:
Eric N. Allen
ALLEN WELLMAN MCNEW HARVEY LLP
[e-mail]
Michael C. Cooley
ALLEN WELLMAN MCNEW
[e-mail]
Shelese M. Woods
UNITED STATES ATTORNEY’S OFFICE
[e-mail]

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