DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063889P.pdf 08/01/2007 John Ballanger, Jr. v. Mike Johanns
U.S. Court of Appeals Case No: 06-3889
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Melloy, Author, with Bowman and Gruender, Circuit
Judges]
Civil case - Environmental law. In order to properly exhaust
administrative remedies related to a wetlands violation determination by
the U.S. Department of Agriculture, a landowner must specifically raise
before the agency all of the issues he or she attempts to raise in federal
court; here, plaintiff did not exhaust his remedies as each issue, and the
court would not consider any unexhausted issue; agency did not err in
determining that removal of woody vegetation constituted manipulation
of the wetland in violation of the act.