Wisc. dairy farmer sues USDA over race-based farm programs

A Wisconsin dairy farmer has filed a federal lawsuit against the U.S. Department of Agriculture, alleging that race-based provisions in key farm assistance programs continue to unlawfully disadvantage white farmers.

The lawsuit, filed Monday in federal court by the Wisconsin Institute for Law & Liberty on behalf of dairy producer Adam Faust, contends that the USDA’s ongoing diversity, equity, and inclusion initiatives amount to unconstitutional discrimination.

Faust, who previously won a 2021 lawsuit against the Biden administration over its race-based loan forgiveness program, argues that despite changes in leadership, the USDA has maintained policies that offer preferential treatment to minority and female farmers. These include reduced administrative fees, more favorable loan guarantees, and higher reimbursement rates for conservation efforts.

“The USDA should honor the President’s promise to the American people to end racial discrimination in the federal government,” Faust said in a written statement quoted by AP. “After being ignored by a federal agency that’s meant to support agriculture, I hope my lawsuit brings answers, accountability, and results.”

According to the lawsuit, Faust pays a $100 administrative fee for Dairy Margin Coverage that “socially disadvantaged” farmers — defined by the USDA to include specific racial groups and women — are exempt from. Similarly, Faust receives a 90 percent USDA loan guarantee, while women and minorities qualify for a 95 percent guarantee, allegedly impacting his borrowing power and increasing costs. He also participates in the Environmental Quality Incentives Program, where his reimbursement rate is capped at 75 percent, compared to 90 percent for minority participants.

WILL Deputy Counsel Dan Lennington emphasized that while the Trump administration has taken steps to eliminate race-based federal programs, discriminatory policies persist at USDA. “Millions of farmers face economic uncertainty … only then to be punished economically because of their race. It’s immoral, unconstitutional, and it’s time for it to stop once and for all,” he said.

In April, WILL warned the USDA of its intent to sue if the alleged discriminatory policies were not addressed within 60 days. Six Republican members of Wisconsin’s congressional delegation also urged the department to investigate the matter.

The case signals a broader legal and political battle over the future of DEI in federal policymaking. WILL’s lawsuit forms part of its larger “Equality Under the Law” initiative, which has challenged similar programs in over two dozen states.

As of now, the USDA has not publicly responded to the lawsuit.

»Related: Perspective: The impacts of the USDA’s shift in rural-grant scoring over DEIA