St. Bernard Parish Government v. United States
916 F.3d 987 | Court of Appeals for the Federal Circuit | 2019
What This Case Means for Subcontractors
St. Bernard Parish sued the federal government over a dispute with the NRCS (Natural Resources Conservation Service) regarding a cooperative agreement for watershed protection work. The parish tried to sue in federal court for breach of contract, but the court dismissed the case for lack of jurisdiction. The appeals court upheld the dismissal, ruling that Congress created a special administrative review process for these NRCS agreements that must be completed before any court case can be filed.
Key Takeaways
- •If you have a dispute with NRCS cooperative agreements, you must exhaust the administrative review process first—you cannot skip straight to federal court
- •The Tucker Act (which normally allows contract claims against the federal government) does not apply to NRCS cooperative agreements because Congress created an alternative dispute resolution system
- •Document all communications and follow the administrative procedures outlined in your NRCS agreement; failure to do so may bar you from court relief later
Congress has displaced the Tucker Act remedy in favor of administrative review.
Frequently Asked Question
Can I sue the federal government in court if I have a dispute with the NRCS over a cooperative agreement?
Not immediately. You must first complete the administrative review process that Congress established for NRCS cooperative agreements. Only after exhausting that administrative remedy can you pursue court action. Skipping this step will get your case dismissed.
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