OREGON NATURAL DESERT ASS'N v. U.S. FOREST SERVICE

No. 05-35637.

465 F.3d 977 (2006)

OREGON NATURAL DESERT ASSOCIATION; Center for Biological Diversity, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, Defendant-Appellee, Robertson Ranch; Oregon Cattlemen's Association, Defendants-Intervenors-Appellees, and Roger W. Williams, Malheur National Forest Supervisor, Defendant, Lauri Joyce; Patrick Joyce; Carol Robertson; J.W. Robertson, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2006.


Attorney(s) appearing for the Case

Peter M. Lacy, Oregon Natural Desert Association, Portland, OR; Stephanie M. Parent, David Becker, Pacific Environmental Advocacy Center, Portland, OR, for the plaintiffs-appellants.

Kelly A. Johnson, Acting Assistant Attorney General; Karen J. Immergut, United States Attorney; Stephen J. Odell, Assistant United States Attorney; Robert H. Oakley and Jennifer J. Scheller, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC, for the defendants-appellees.

Karen Budd-Falen and Hertha L. Lund, Budd-Falen Law Offices, LLC, Cheyenne, WY, for the intervenors-defendants-appellees.

Before FERDINAND F. FERNANDEZ, A. WALLACE TASHIMA, and RICHARD A. PAEZ, Circuit Judges.


PAEZ, Circuit Judge.

This appeal presents the narrow question whether the United States Forest Service's issuance of annual operating instructions ("AOIs") to permittees who graze livestock on national forest land constitutes final agency action for purposes of judicial review under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 702-706. The district court held that the AOIs were not final within the meaning of Section 10(c) of the APA, 5 U.S.C. ...

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