Regulation and Red Tape: Boucher v. USDA: Navigating the Swampbuster Provisions

Have you ever received a notice from the government that you violated a rule that you didn’t know about?

In the 1990’s, the Boucher family removed nine trees from their property as an attempt to mitigate the buildup of trash and dumping on their land. This action triggered a United States Department of Agriculture (USDA) investigation suspecting environmental damage. Consequently, the Bouchers lost eligibility for USDA benefits, including “Swampbuster” provisions. In Boucher vs. USDA, the government grapples with balancing natural resource protection and individual liberties. This case underscores the long and painstaking nature of government processes, emphasizing the time and diligence often required for justice and good governance.

In the third episode of “Regulation and Red Tape,” experts highlight the broader implications of Boucher vs. USDA and consider the balance between regulatory enforcement and individual rights.

Michael Cooley

Managing Partner

Allen Wellman McNew Harvey, LLP

Duane Hovorka

Senior Agriculture Policy Specialist

National Wildlife Federation

Annie Donaldson Talley


Luther Strange and Associates

Hon. Paul Ray

Director, Thomas A. Roe Institute for Economic Policy Studies

The Heritage Foundation

Energy & Environment
Enforcement & Agency Coercion
Regulatory Process

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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