Applicants for Rural Energy for America grants cannot sue USDA in federal court over the agency’s lack of action on their applications because they still have the option to file administrative appeals, a federal judge has ruled.
U.S. District Judge James Boasberg dismissed the complaint against USDA, which has received criticism over freezing REAP grants and delaying decisions on applications.
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“Although plaintiffs suggest that only final decisions on REAP applications must be administratively appealed — and thus they have no such remedy for delays in processing — USDA’s regulations specifically provide for appeals of agency delay and inaction,” Boasberg said in his April 24 decision.
Boasberg dismissed the claims of two sets of plaintiffs alleging delay. The first group were not able to demonstrate legal standing, the second could not show they had exhausted all their administrative remedies. In some cases, USDA has failed to make a decision on their applications in over 18 months.
“Plaintiffs cannot reap what they did not sow,” Boasberg said in the opinion.
