BISMARCK–A third-generation farmer in North Dakota filed a federal lawsuit against the federal government resulting from a dispute over conservation easements to protect prairie potholes.

According to a release from Cody Peterson’s attorneys the Pacific Legal Foundation, Peterson’s family farm entered into conservation easements with the federal government in the 1960s, agreeing to protect prairie potholes. Prairie potholes are shallow depressions in the land formed by ancient glaciers, which landowners agreed not to drain under the easements.

Peterson’s lawsuit argues the easements were vague, and didn’t specify where they were or what areas were protected or the extent of the restrictions. Peterson contends the U.S. Fish and Wildlife Service took advantage of the vagueness and issued a new rule in 2023 called the National Wildlife Refuge System Drain Tile Setbacks, which expanded federal control over land use.

Peterson, of LaMoure County, argues this rule treats any drainage of land covered by an easement as a crime, regardless of how many potholes are affected by it, preventing him from using 40% of his farmable land and impeding his ability to make a living.

“When parties enter into a legal agreement, they must honor its terms unless they mutually agree to change them,” said Jeffery McCoy, an attorney at Pacific Legal Foundation. “The Fish and Wildlife Service vastly expanded its control over our client’s private land, impeding his ability to make a living and violating the terms of their agreement. The agency must keep its word and honor the original agreement.”

Cody Peterson is represented for free by Pacific Legal Foundation. The case is Peterson vs. United States, filed in the U.S. District Court for the District of North Dakota.