APA Violation and Breach of Contract.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Mark Mittelstadt v. Sonny Perdue

Case No.: 17-2447

Officials: RIPPLE, SYKES, and SCUDDER, Circuit Judges.

Focus: APA Violation and Breach of Contract

Mark Mittelstadt owned a tract of land in Richland County, Wisconsin, that was enrolled in the Conservation Reserve Program ("CRP"), administered by the United States Department of Agriculture ("USDA"), from 1987 to 2006. Participants in the CRP agree to remove environmentally sensitive land from agricultural production in return for annual rental payments from the USDA. In 2006, the agency denied Mr. Mittelstadt's application to reenroll his land in the CRP. After exhausting his administrative appeals, he brought this action against the Secretary of the USDA ("the Secretary"). He asserted one claim under Section 702 of the Administrative Procedure Act ("APA"), 5 U.S.C. 701 et seq., challenging the Secretary's final decision denying reenrollment, and one common law claim for breach of contract. Mr. Mittelstadt moved for summary judgment in the district court, seeking an order directing reenrollment of his land in the CRP and awarding monetary relief for the alleged breach of contract. The district court denied his motion for summary judgment, affirmed the Secretary's rulings, and entered judgment in favor of the Secretary on Mr. Mittelstadt's APA and breach...