London Agricultural Commodities

	Headlines
	Mo. River Flood Case May Go to Trial Plains, Prairies Quick Takes Ethanol Nears Access to Brazil Beef Imports Divide Trump's Trade Agenda USDA Weekly Crop Progress Report Sort and Cull Canada Markets Top 5 Things to Watch Ag Weather Forum Russ' Vintage Iron

Mo. River Flood Case May Go to Trial

Todd Neeley 7/07 11:08 AM

LINCOLN, Neb. (DTN) -- Settlement negotiations have broken down between the U.S. government and nearly 400 farmers along the Missouri River seeking compensation for repeated floods dating back to 2007, and three farmers who were already awarded millions in damages are still unpaid more than one year after they settled the case.

For the second time this year, an in-person mediation was held between both sides in Chicago on June 24 and June 25, according to a status report filed in the U.S. Court of Federal Claims this week, and both sides are at an impasse on negotiations. Mediation also was held from May 26-28 of this year.

Attorneys for the farmers asked the court to reinstate a Jan. 25, 2027, trial date.

"Plaintiffs have waited long enough to get these matters tried to judgment which is clearly going to be required for them to be justly compensated by the United States and as such, request the immediate reinstitution of their phase III trial date," the status report said.

The phase III trial would resolve remaining claims in the case.

On Dec. 14, 2020, the claims court ruled that repeated flooding led to the taking of permanent flowage easements along the river.

The court also ruled that management changes made by the U.S. Army Corps of Engineers in the basin to comply with the Endangered Species Act led to repeated flooding from 2007 to 2014.

FARMERS LEFT UNPAID

Also this week, three farmers awarded more than $10 million in damages plus interest from the U.S. government for allowing repeated floods in the Missouri River basin are now pressing for payment.

In early February 2021, the court awarded St. Joseph, Missouri, farmer and bellwether plaintiff Roger Ideker about $6 million for a flowage easement and repairs to a levee. Two other bellwether plaintiffs were awarded a total of about $4.2 million.

The settlement was submitted to the U.S. Department of Justice on April 14, 2026, according to court documents.

The settlement is now sitting with senior officials at the DOJ's environment and natural resources division and has yet to be approved, according to a status report filed with the court on July 2, 2026.

The farmers have asked the court to re-enter an order to show cause, which would essentially demand that the U.S. government explain why a final court judgment hasn't been paid. Such an order could lead to additional action by the court.

The DOJ asked the court not to reinstate the order and claimed it has acted in "good faith and diligence" and that land surveys needed to complete the settlement had taken several months to complete.

Once the surveys were completed, according to court documents, the U.S. government said it submitted the settlement package within two days.

The U.S. has proposed giving the court a status update on Aug. 7, 2026, instead of the court issuing an order to show cause.

DTN reached out to the attorney representing farmers, Ideker and the lead attorney for the U.S. government.

REPEATED FLOODING

Repeated flooding led to significant damage to farms including lost infrastructure, damaged farm ground, lost crops and future land usage.

Through it all, the Corps of Engineers maintained it had been following its master manual.

On June 16, 2023, a federal appeals court vacated the trial court's denial of crop damages and a finding that the federal government did not cause the Missouri River flooding in 2011.

As a result, the federal government then argued that the judgement for the three farms was vacated as well.

In 2018, the court ruled the Corps of Engineers was responsible for recurring floods that severely damaged Ideker's farm -- for several years post-2004, except 2011 -- and on March 11, 2019, the court moved to the compensation portion of the case. Ideker's farm was again underwater in 2019 because of heavy flooding in the basin.

Also in that 2018 ruling, the court found flood damage exceeded $300 million among all the parties involved.

CHANGE TO THE MANUAL

The court ruled that changes made to the flood manual by the Corps of Engineers led to unprecedented releases from Gavins Point Dam in South Dakota following heavy spring rains and snowmelt in Montana in 2011. The Corps released large volumes of water from that dam in 2011 and all the levees along Ideker's farm were destroyed.

The Corps of Engineers had to make unprecedented water releases from northern dams, flooding farms and communities in the lower basin and bringing into question whether the Corps handled the situation correctly.

Many landowners downstream blamed the Corps of Engineers' water release for exacerbating the flood. A task force later found the Corps did all it could to manage the water.

The court ruled in 2018 that in five of the six years in question dating back to 2007, the Corps of Engineers violated the Fifth Amendment by not compensating farmers for flood-damaged land. The court disallowed flood claims from 2011.

The court also ruled in 2018 that the Corps of Engineers deprioritized flood control in 2004. In 2004, the Corps instituted the Missouri River recovery program to accelerate changes to the river to enhance wildlife habitats.