Jagers, et al. v. Federal Crop Insurance Corporation, No. 10-cv-00956-RPM, 2012 U.S. Dist. LEXIS 135266 (D. Colo. Sept. 21, 2012)

(case involves judicial review under APA of defendant's determination denying coverage under plaintiffs' crop insurance policies due to failure to follow good farming practices by planting non-irrigated corn crops in Baca County, CO (extreme southeast CO with heavy utilization of pivot irrigated crops) and (for other plaintiffs) failure to apply fertilizer before planting during 2008 growing season; in earlier action, court vacated defendant's denial of coverage to "fertilizer" plaintiffs and affirmed as to others; prevailing plaintiffs then sought attorney fees and costs under EAJA and defendant opposed the fee application; fee application denied due to lack of supporting documentation with respect to any individual that their net worth is less than $2,000,000, but court convinced that plaintiffs could support net worth claims by supporting documentation; defendant's position that fertilizer must be applied at time of planting and that soil testing must occur before planting, not substantially justified; defendant failed to give weight to opinion of expert who stated that plaintiffs' farming practice of applying fertilizer as side dressing to growing crop appropriate for dry conditions; fee request approved (upon plaintiffs establishing eligibility via submission of revised net worth exhibit) including enhanced rate for specialization in federal crop insurance claims and the understanding of federal farm programs).