Arlen Foster wants the federal government to reconsider its determination that this area on his Fulton-area farm, pictured in an image submitted as part of a federal lawsuit, is a wetland. A recent Supreme Court ruling could clear a path for that to happen. (Courtesy of U.S. District Court of South Dakota)
A Fulton-area farmer will have a chance to argue that a federally designated wetland on his property is actually regular farm ground thanks to a recent U.S. Supreme Court decision.
The case will be one of the first in the nation to be re-examined as a result of Loper Bright Enterprises vs. Raimondo .
The ruling overturned what was known as the Chevron rule, which required courts to defer to federal agencies in their interpretation of ambiguous federal laws and the rules written to enforce them.
The decision could have far-reaching implications for the right of citizens or companies to challenge agency authority and conclusions in court. Many in the farm and ranch community see particularly pointed impacts in South Dakota, as agricultural operations are heavily influenced by federal rules on crop insurance, conservation payments or wetland determinations.