Murray v. Lyng

854 F.2d 303, 1988 WL 83951
Court of Appeals for the Eighth Circuit·Decided August 16, 1988·No. No. 87-5331·Published·Cited by 8 cases

Opinion

FAGG, Circuit Judge.

The Secretary of the United States Department of Agriculture (the Secretary) appeals from the district court’s decision in this class action prohibiting enforcement of certain Department regulations under the Food Stamp Act of 1964, 7 U.S.C. §§ 2011-2029 (the Act). See Murray v. Lyng, 667 F.Supp. 668, 675 (D.Minn.1987). The first of the challenged regulations requires that in determining the size and resources of a family applying for food stamps, “[c]hil-dren under 18 years of age under the parental control of an adult household member” must be counted as members of the food stamp household. 7 C.F.R. § 273.1(a)(2)(i)(B) (1988) (the “household regulation”). The Secretary has enforced this regulation to apply to foster children. The other challenged regulation provides that foster care payments received for children or adults must be included in the unearned income of the food stamp household. 7 C.F.R. § 273.9(b)(2)(h) (1988) (the “income regulation”).

The district court held on cross motions for summary judgment that under the Act, foster children may properly be treated as “boarders” and, thus, may be excluded from the food stamp household. See Murray, 667 F.Supp. at 673-75; 7 U.S.C. § 2012(i)(2); 7 C.F.R. § 273.1(c)(1) (1988). On this basis, the district court declared the income regulation as applied to foster care maintenance payments invalid under the Act and granted an injunction in Minnesota against “enforcing regulations that require foster children to be included in food stamp households and foster care maintenance payments to be included in income for purposes of determining food stamp eligibility.” Murray, 667 F.Supp. at 675. The Secretary challenges both of these holdings on appeal, and we affirm.

Debra Murray, Annadine Houle, and the class of individuals they represent (collectively plaintiffs) are licensed as foster parents by the Minnesota Department of Human Services. As foster parents, plaintiffs receive monthly foster care maintenance payments to cover the cost of food, clothing, shelter, and other miscellaneous expenditures for the needs of foster children placed in their homes. 42 U.S.C. § 675(4).

Under the Act, food stamps are distributed on a household basis. 7 U.S.C. § 2014(a). The aggregate financial resources and the size of a food stamp household determine the household’s eligibility and benefit level. Id.; see id. § 2012(i). Plaintiffs attack the household and income regulations because these regulations have the effect of reducing a foster family’s per-person allotment of food stamps or, in some instances, terminating the family’s eligibility completely. Plaintiffs’ complaint challenges the regulations on both statutory and constitutional grounds. Because of its decision on the statutory challenge, the district court did not reach plaintiffs’ constitutional claims; nor do we.

We first address the household regulation. Whether foster children are included in the food stamp household is not a matter [305] expressly resolved by the Act. Since the Act’s original passage in 1964, the statutory definition of household has undergone a series of changes. See Foster v. Celani, 683 F.Supp. 84, 87-89 (D.Vt.1987), aff'd, 849 F.2d 91, 92 (2d Cir.1988); Murray, 667 F.Supp. at 672-73. Household is presently defined as “[a] group of individuals who live together and customarily purchase food and prepare meals together for home consumption.” 7 U.S.C. § 2012(i)(2); see also 7 C.F.R. § 273.1(a)(iii) (1988).

Before 1977, foster children were expressly included in the Act’s definition of a food stamp household. See Murray, 667 F.Supp. at 672. When the Act was amended in 1977, foster children were removed from what remains the current household definition. See id. At the same time, Congress excluded persons who “live with others and pay compensation to the others for meals” from the definition of who may constitute a food stamp household. 7 U.S. C. § 2012(i)(2). The House Report accompanying the enactment of this exclusion describes these persons as “boarders.” H.R.Rep. 464, 95th Cong., 1st Sess. 143, reprinted in 1977 U.S.Code Cong. & Admin.News 1978, 2112-15. In view of Congress’ determination that boarders cannot constitute a food stamp household, the Secretary has adopted a regulation providing that “[b]oarders are ineligible to participate in the [food stamp program] independent of the household providing the board.” 7 C.F. R. § 273.1(c)(1) (1988). Boarders, however, “may participate as members of the household providing the [board] * * * at such household’s request.” Id. The Secretary contends for a number of reasons that the boarder exclusion does not apply to foster children. We disagree.

An agency is entitled to deference in its interpretation of a statute the agency is charged with administering; however, “ ‘this deference is constrained by our obligation to honor the clear meaning of a statute as revealed by its language, purpose, and history.’ ” Southeastern Community College v. Davis, 442 U.S. 397, 411, 99 S.Ct. 2361, 2369, 60 L.Ed.2d 980 (1979) (quoting International Bhd. of Teamsters v. Daniel, 439 U.S. 551, 566 n. 20, 99 S.Ct. 790, 799-800, n. 20, 58 L.Ed.2d 808 (1979)); see also Linquist v. Bowen, 813 F.2d 884, 890 n. 16 (8th Cir.1987). When we consider an agency’s construction of a statute, we must determine initially “whether Congress has directly spoken to the precise question at issue.” Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842, 104 S.Ct. 2778, 2781, 81 L.Ed.2d 694 (1984). If Congress’ intent is clear, we “must give effect to the unambiguously expressed intent of Congress,” regardless of the agency’s interpretation. Id. 467 U.S. at 843, 104 S.Ct. at 2781-82; see also Abourezk v. Reagan, 785 F.2d 1043, 1053 (D.C.Cir.1986), aff'd by an equally divided Court, — U.S. -, 108 S.Ct. 252, 98 L.Ed.2d 1 (1987).

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