Belgard v. United States Department of Agriculture

185 F. Supp. 2d 647, 2001 U.S. Dist. LEXIS 22611
CourtDistrict Court, W.D. Louisiana
DecidedDecember 17, 2001
DocketCivil Action No. 00-2664
StatusPublished
Cited by1 cases

This text of 185 F. Supp. 2d 647 (Belgard v. United States Department of Agriculture) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belgard v. United States Department of Agriculture, 185 F. Supp. 2d 647, 2001 U.S. Dist. LEXIS 22611 (W.D. La. 2001).

Opinion

MEMORANDUM RULING

LITTLE, Chief Judge.

Before this court is a Motion for Summary Judgment [Doc. No. 17] filed by defendant, United States of America (the “United States”) for the United States Department of Agriculture (the “USDA”), Willie Cooper (“Cooper”), Craig McCain (“McCain”), and Robert Bradley (“Bradley”), against plaintiffs Jimmie Belgard and Trudie Belgard (the “Belgards”). The United States relies on Rule 56 of the Federal Rules of Civil Procedure (“FRCP”) for relief. Plaintiffs filed an opposition to this motion. For the following reasons, we GRANT this motion.

I. PROCEDURAL AND FACTUAL BACKGROUND

Because the essence of this case implicates certain provisions of the Administrative Procedures Act (the “APA”), we begin with a review of the genesis of the Bel-gards’ APA claim, including the events that triggered this court’s authority to review a decision of the USDA.

1. The Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriation Act of 1999

In 1998, the Belgards engaged in aquaculture farming and harvesting of catfish fingerlings in the Parish of Rapides, State of Louisiana.1 While the catfish fingerling industry has progressed due to improvements in technology, not all fish successfully mature to harvest. That is, a certain percentage of catfish fingerlings will normally perish during an aquaculture grow[650]*650ing season.» Conversely, other loss of fish occur because of natural disasters, such as excessive heat or drought. Financially to assist producers, including catfish producers, who suffered crop losses due to natural disasters in 1998, or in at least three (3) of the four (4) years between 1994 and 1998, Congress passed the Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriation Act of 1999, §§ 1101 and 1102 (Pub.L. 105-277,112 Stat. 2681 — 42 through 2681-44) (the “Act”). Sections 1101 and 1102 of the Act created the Crop Loss Disaster' Assistance Program (the “CLDAP”). See 7 C.F.R. § 1477.101 et seq. (1999). Furthermore, Congress designated the USDA as the federal agency charged with the task of administering the provisions of the CLDAP.

Under the CLDAP, Congress authorized financial relief for producers to be appropriate only for losses directly resulting from a natural disaster. See 7 C.F.R. §§ 1477.104(a), 1477.201(b)(3) (1999). Under the CLDAP, the Secretary of the USDA had the responsibility of formulating a method to calculate disaster payments to eligible catfish fingerling producers. See 7 C.F.R. § 1477.101(a) (1999). Recognizing, however, that not all losses are the result of natural disasters, Congress required the USDA to identify and quantify losses due to events or conditions other than disasters, which would be applied equally to all aquaculture farm producers. See 7 C.F.R. § 1477.110(e)(2). In order to quantify losses due to occurrences other than natural disasters, the USDA created the following definition term: “Normal mortality.” See 7 C.F.R. § 1477.103 (1999). Normal mortality is defined as follows: “the percentage of ... dead aquacultural species that would normally occur during the crop year.” 7 C.F.R. § 1477.103 (1999). Also, the CLDAP specified that the provisions of the program “shall be carried out in the field by State and county Farm Serve Agency committees.” 7 C.F.R. § 1477.102(a). As a result, the USDA and Louisiana State Office of the Farm Service Agency (the “FSA”) began the process of formulating a normal mortality rate for the State of Louisiana’s (the “State”) catfish fingerling industry.

Robert Bradley, an FSA program specialist, proved instrumental in arriving at the baseline, normal mortality rate. Namely, Bradley assisted in the preparation of a document that established the normal mortality rate: the Louisiana Disaster Assistance Program DAP-20 (“DAP-20”). In formulating the normal mortality rate, Bradley sought and received assistance from the following agencies: (1) the Louisiana State University Agricultural Center (“LSU”); (2) County Executive Directors of the FSA; and (3) catfish producers in the State. Specifically, between January and March 1999, Bradley conferred numerous times with Dr. C. Greg Lutz (“Lutz”), an aquaculture specialist at LSU. Lutz admits that, although he did not specifically recommend applying a normal mortality rate of 20%, he “provided the figure of 20% mortality as a typical rate for the Louisiana [catfish fingerling] industry during the 1998 time frame covered by the [CLDAP]” to Bradley. In addition to relying on Lutz’s expert opinion, Bradley interviewed numerous catfish producers, they confirmed that a normal mortality factor of 20% to be consistent with their experience in the catfish fingerling industry. Finally, Bradley considered technical reports on the subject of the aquaculture, catfish fingerling industry when arriving at the recommendation to employ a normal mortality rate of 20%. As a result, on 26 March 1999, the USDA, with the assistance of and through the FSA, adopted and included in Louisiana [651]*651Disaster Assistance Program Notice-20 (“DAP 20”) a normal mortality factor of 20% for the State’s catfish fingerling industry. The normal mortality factor of 20% meant that when a catfish producer applied for financial assistance under the CLDAP, the USDA would apply a 20% normal mortality factor to any disaster assistance awarded an applicant under the CLDAP.

B. The Belgards Application for Disaster Assistance Under the CLDAP

As previously stated, in 1998, the Bel-gards owned and farmed six (6), aquaculture, catfish fingerling ponds. During the summer months of 1998, the Belgards contend that they suffered severe losses, amounting to 59.87% of their catfish fingerlings, due to disaster; namely, extremely hot weather. As a result, on or about 8 April 1999, the Belgards applied to the FSA County Committee (the “CC”) for financial assistance pursuant to the CLDAP. On 23 June 1999, the CC authorized payment to the Belgards in the amount of $44,255.82. The CC, however, did not compensate the Belgards for the loss of the entire crop, but instead applied the 20% normal mortality factor to the loss calculation, which resulted in the plaintiffs receiving less financial assistance than plaintiffs deemed appropriate.

Unsatisfied with the amount of disaster assistance awarded, the Belgards initiated the process of appealing the amount of the relief granted by the CC.

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185 F. Supp. 2d 647, 2001 U.S. Dist. LEXIS 22611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belgard-v-united-states-department-of-agriculture-lawd-2001.