Faust’s lawsuit follows his previous successful challenge against the Biden administration’s Farmer Loan Forgiveness Plan in 2021, which was also based on claims of race discrimination. The current legal action specifically targets three USDA programs that, according to the lawsuit, place white male farmers at a disadvantage, violating constitutional guarantees of equal treatment. This includes allegations of discriminatory administrative fees and varying loan guarantee percentages and environmental conservation reimbursement rates, creating an uneven playing field for dairy producers.

One key example cited in the lawsuit involves a program designed to offset the gap between milk prices and feed costs. Faust claims he is charged a $100 administrative fee that minority and female farmers are exempt from paying. Furthermore, the lawsuit highlights a USDA loan guarantee program where white farmers receive 90% coverage, while women and racial minorities receive 95%, allegedly disadvantaging Faust and other white producers. Similarly, in a USDA environmental conservation program, Faust claims only 75% of his costs are eligible for reimbursement, compared to 90% for minority farmers.

The lawsuit has ignited a contentious debate, with the National Black Farmers Association President, John Boyd, expressing frustration and asserting that Black farmers are “clearly the ones hurting now.” This stark contrast in perspectives highlights the deep-seated disagreements over the intent and impact of race-conscious agricultural policies. The USDA has declined to comment on the pending lawsuit, a standard practice in such legal matters.