United States Ninth Circuit

In an action under the Administrative Procedure Act (APA) challenging the Forest Service's cancellation of plaintiff's use of certain grazing allotments for failure to comply with the terms and conditions of the permit, summary judgment for defendant is affirmed where: 1) plaintiff failed to meet its heavy burden to show that the additional materials it sought were necessary to adequately review the Forest Service's decision; 2) based on the lack of evidence that plaintiff actually owned the cattle observed on one allotment, substantial evidence supported the Forest Service's factual finding of non-ownership; and 3) the Forest Service fully complied with the due process requirements of the APA.

Appellate Information

• Argued 03/01/2010
• Decided 04/26/2010
• Published 04/26/2010

Judges

• Before RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul A. Turcke, Moore Smith Buxton & Turcke, Chartered, Boise, ID, for the plaintiffs-appellants.


• For Appellees:
  
• Kurt G. Kastorf (argued) and David Shilton, U.S. Department of Justice Environment & Natural Resources Division, and John C. Cruden, Assistant Attorney General, for the defendants-appellees.