Summary of a Recent
Judicial Development in
Administrative Law

Final Agency Action Required for Judicial Review of Agency Decisions

Walt McCarter
National AgLaw Center Research Associate

Summary of Decision

In Wiese v. Community Bank of Central Wisconsin, No. 08-cv-272-bbc, 2008 WL 4756679 (W.D. Wis. Oct. 28, 2008), the United States District Court for the Western District of Wisconsin dismissed plaintiff dairy farmers' claim against Farm Service Agency (FSA) for lack of subject matter jurisdiction, because there had been no "final agency action" necessary for judicial review of agency decisions under the Administrative Procedure Act (APA).

Background

Dairy farmers brought an action against FSA, the Wisconsin FSA Executive State Director, and the Secretary of the USDA, alleging a violation of the Administrative Procedure Act (APA) for failing to follow the regulatory requirements of the Farm Services Guaranteed Loan Program, 7 U.S.C. § 1941-49, when approving their loans. Id. at *1. Defendants filed a motion to dismiss for lack of subject matter jurisdiction, or alternatively for failure to state a claim upon which relief could be granted. Id.

Analysis and Holdings

The plaintiffs claimed injury due to the assessment of a loss claim, pursuant to 7 C.F.R. § 762.149, for the unpaid portion of their guaranteed loan. Id. The court held that because FSA had not begun processing or enforcing a loss claim against the plaintiffs, there had been no "final agency action" as required for judicial review of agency decisions under the APA, and therefore granted FSA's motion to dismiss. Id. at *3-4.

The case was decided on October 28, 2008.