DJP ATTORNEYS ASSIST IDAHO FARMER WIN A SWAMPBUSTER CASE AGAINST THE UNITED STATES GOVERNMENT 2018-08-29T14:40:55+00:00

Project Description

Two attorneys, Brad Cahoon and Tyler Cahoon, with the law firm of Durham Jones & Pinegar helped an Idaho farmer win a Swampbuster case against the United States government.

In this case, Administrative Law Judge Justin Oliver ruled that the Natural Resources Conservation Service made an erroneous decision that 15.67 acres of some 2,000 acres of farmland near Aberdeen, Idaho were illegally filled “converted wetlands” in violation of the Food Security Act. (See Judge Oliver’s Decision.)  The farmer faced losing hundreds of thousands of dollars in farm subsidies for the alleged violation. According to Brad Cahoon, “In the end, justice has prevailed with a courageous judge applying the rule of law and finding insufficient evidence to support the government action against an American farmer.”

The father-son lawyer team of Brad Cahoon and Tyler Cahoon, who themselves are descendants of a long line of Idaho farmers and ranchers, have a combined 28 years of environmental law experience.  In this case, the attorneys were assisted by three expert witnesses, Certified Wetlands Scientist Ray Kagel and Dr. Susan Kagel of KE Environmental and Soil Scientist Dr. Alan Busacca of Vinitas Consultants. This team of lawyers and experts have assisted clients throughout the country, from New York, Iowa, Idaho and Utah, with wetland cases against the government.

Brad Cahoon is an environmental lawyer who represents clients throughout the country. He has a record of achieving his clients’ business objectives and using his litigation, administrative, regulatory and government relations skills to protect his clients from arbitrary, capricious and abusive action by federal, state and local governments. His clients have included financial institutions, land developers, manufacturers, energy companies, wireless carriers, mining companies, dry cleaners, metal recyclers, waste companies, ski resorts, ranchers, farmers, and chemical companies. He has litigated environmental cases in Utah, New York, Iowa, Indiana, and Idaho. He has handled environmental matters involving complex business transactions in multiple states across the country. His environmental law practice also encompasses water, wireless telecom, zoning, oil and gas, mining, and real estate law.

 

Tyler R. Cahoon is an Associate with DJP and practices in the environmental and litigation sections in the Salt Lake City office.

Mr. Cahoon received his Juris Doctorate with Honors in 2017 from S.J. Quinney College of Law where he was a senior staff member of the Utah Law Review.

While attending law school, Mr. Cahoon clerked for two law firms, a residential development company and a home technology provider. He also externed for the Office of the Utah Property Rights Ombudsman.