United States Ninth Circuit

In an action seeking judicial review, pursuant to the Administrative Procedure Act (APA), of the Forest Service's decision to cancel plaintiff's permit to graze cattle in the Santa Rosa Ranger District of the Humboldt-Toiyabe National Forest, summary judgment for defendant is affirmed where: 1) plaintiff failed to exhaust his administrative remedies by failing to properly raise an issue before the Forest Service; 2) plaintiff failed to persuasively explain why he was unable to resolve those factual issues through the ample process he was given; and 3) based on the violations occurring in the 2005 grazing season alone, the Forest Service had a reasonable basis for canceling petitioner's 2005 permit.

Appellate Information

• Argued 03/01/2010
• Decided 04/29/2010
• Published 04/29/2010

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Therese A. Ure, Schroeder Law Offices, P.C., Portland, OR, John E. Marvel, Marvel & Kump, Ltd., Elko, NV, and Wm. Alan Schroeder, Schroeder & Lezamiz Law Offices, LLP, Boise, ID, for the plaintiff-appellant.


• For Appellees:
  
• Daniel G. Bogden, United States Attorney, and Roger W. Wenthe, Assistant United States Attorney, Las Vegas, NV, for the defendants-appellees.