On May 22, 2008, the United States Congress passed a new law that gives certain rights to African-American farmers who filed discrimination claims in the Pigford case and who have not had their claims resolved because they were filed after the October 12, 1999 claims deadline in that case.  That law was passed as part of the Farm, Conservation and Energy Act of 2008, also known as the 2008 Farm Bill.  Section 14012 of the Farm Bill provides a cause of action for African-American farmers who (1) were discriminated against on the basis of race by the USDA with regard to federal farm credit or benefit programs, (2) filed a request prior to September 15, 2000 to participate as a "late filer" in the Pigford settlement, and (3) have not previously obtained a determination of the merits of a Pigford claim.  (This law may also provide a right of action for individuals who filed Pigford claims after September 15, 2000, as long as they filed before May 22, 2008, the date Congress passed the Farm Bill.  But the Farm Bill is less clear about what Congress intended with respect to such post-September 15, 2000 late-filers.)
 
Despite what you may have heard elsewhere, the Farm Bill did not "re-open" the Pigford case.  Instead, Congress has provided a new right to sue, which is subject to the conditions and limitations set forth in the Farm Bill.  In addition, Congress required that all black farmer discrimination claims filed under the Farm Bill be filed in the United States District Court for the District of Columbia.
 
Currently, 11 lawsuits have been filed on behalf of over 25,000 African-American farmers seeking relief under the Farm Bill.  All of these are consolidated into the single case entitled In re Black Farmers Discrimination Litigation.