Roath v. United States, 2011 U.S. Dist. LEXIS 150120 (E.D. Wis. Dec. 30, 2011)

(plaintiffs sue to recover costs for property damage caused by elevated ground water that flooded plaintiff's property; defendant held 30-year wetland reserve program easement (WRP) on property that surrounded plaintiff's property on three sides; court notes that the Congress vested "considerable" discretion in USDA to administer WRP and defendant not subject to liability under discretionary function exception; plaintiff also claims that USDA NRCS liable under Federal Tort Claims Act for violations of various agency directives in the NRCS General Manual, Engineering Field Handbook and Field Operations Technical Guide in conducting activities on easement land in conjunction with WRP; on this issue, court holds that Chapter 13 of Engineering Field Handbook not mandatory and lacks force of law - defendant entitled to judgment on pleadings on this issue; court noted that Field Operations Technical Guide - Conservation Practice Standard 657 became mandatory upon enactment of 1996 Farm Bill and issue of government's liability thereunder turned on when alleged harmful conduct occurred; under facts of case 30-year easement began in 1920s, but question remains as to whether defendant engaged in any harmful conduct after Practice Standard 657 became mandatory - defendant's motion for judgment on pleadings on this issue dismissed without prejudice; likewise, defendant not entitled to judgment on pleadings on issue of whether defendant subject to liability for alleged violation of state permit and relevant state laws; further scheduling conference set for Feb. 7, 2012).