United States Tenth Circuit

In a petition for review of the Bureau of Land Management's (BLM) order changing the conditions of Petitioner-Ranchers' livestock permits, the denial of the petition is affirmed where the BLM's regulations did not violate the Administrative Procedure Act by failing to permit a hearing prior to modifying the permits.

Appellate Information

• Decided 05/05/2009
• Published 05/05/2009

Judges

• TACHA, Circuit Judge., Before TACHA, BALDOCK, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brandon L. Jensen (Karen Budd-Falen, with him on the briefs), Budd-Falen Law Offices, LLC, Cheyenne, WY, appearing for the Appellant., Lee E. Peters, Hubert & Hernandez, P.A., Las Cruces, NM, filed a brief for Amicus Curiae New Mexico Cattle Growers' Association and New Mexico Federal Lands Council.


• For Appellees:
  
• Mary Gabrielle Sprague, Attorney, United States Department of Justice, Environmental & Natural Resources Division, Appellate Section, Washington, DC (Ronald J. Tenpas, Assistant Attorney General, United States Department of Justice, Washington, DC;  Aaron P. Avila, Attorney, United States Department of Justice, Environmental & Natural Resources Division, Appellate Section, Washington, DC;  John R. Green, Acting United States Attorney for the District of Wyoming, Cheyenne, WY;  and Carol A. Statkus, Assistant United States Attorney for the District of Wyoming, Cheyenne, WY, with her on the brief), appearing for the Appellees.