Former congressman wins appeal in wetlands dispute

DETROIT (AP) — The U.S. Department of Agriculture “demonstrated a disregard for its own regulations” in a 2.2-acre wetlands dispute with a former Michigan congressman whose family farm has been cut off from federal crop programs since 2009, according to an appeals court.

The court, in a recent 3-0 decision, ruled in favor of former U.S. Rep. Nick Smith, a Republican from Hillsdale County, and ordered the case be sent back to regulators with strict instructions.

The USDA accused Smith, 80, of illegally converting a wetland and blocked him and family members from crop programs, including corn subsidies and other benefits.

They own more than 2,000 acres in Hillsdale and Lenawee counties in southern Michigan, used mostly for corn, soybeans and wheat.

The 2009 decision sent Smith on a “bureaucratic labyrinth” with appeals to agency officials at various levels in Michigan and Washington, the 6th U.S. Circuit Court of Appeals said.

The government didn’t consider evidence that the land alterations in Hillsdale County’s Somerset Township had little effect on surrounding wetlands, the court said.

The court said the case could have consequences for thousands of farmers.

Smith, who was a member of the House Agriculture Committee, said he’s pleased with the decision.