FEDERALCourt of Appeals for the Federal Circuit
2019

St. Bernard Parish Government v. United States

916 F.3d 987Court of Appeals for the Federal Circuit • Decided 2019Affirmed

HOLDING

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 FINDINGS

Change Order

If you have a dispute with NRCS cooperative agreements, you must exhaust the administrative review process first—you cannot skip straight to federal court

Dispute Resolution

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

FULL COURT OPINION