U.S. v. ESTATE OF HAGE

No. 13-16974.

810 F.3d 712 (2016)

UNITED STATES of America, Plaintiff-Appellant, v. ESTATE OF E. Wayne HAGE; Wayne N. Hage, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2016.


Attorney(s) appearing for the Case

Elizabeth Ann Peterson (argued), William B. Lazarus , David C. Shilton , Stephen G. Bartell , Anna K. Stimmel , Bruce K. Trauben , and Vivian H.W. Wang , Attorneys, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; John C. Cruden , Assistant Attorney General, Robert G. Dreher , Acting Assistant Attorney General, Daniel B. Bogden , United States Attorney, Elizabeth White , Appellate Chief, and Blaine T. Welsh , Assistant United States Attorney, District of Nevada, United States Department of Justice, Las Vegas, NV; and Nancy C. Zahedi , Regional Solicitor's Office, United States Department of the Interior, Sacramento, CA, and Kenneth D. Paur , Assistant Regional Attorney, Office of General Counsel, United States Department of Agriculture, Denver, CO, for Plaintiff-Appellant.

Mark L. Pollot (argued), Boise, ID, and John W. Hoffman , Hoffman, Test, Guinan & Collier, Reno, NV, for Defendant-Appellee Estate of E. Wayne Hage; and Wayne H. Hage, Tonopah, NV, pro se, as and for Defendant-Appellee.

John Echeverria and Hillary M. Hoffmann , Vermont Law School, South Royalton, VT, for Amici Curiae Natural Resources Defense Council, Inc., and Sierra Club.

Brian T. Hodges , Pacific Legal Foundation, Bellevue, WA, as and for Amicus Curiae.

Before: SUSAN P. GRABER, KIM McLANE WARDLAW, and MARY H. MURGUIA, Circuit Judges.


The United States brought this action for damages and injunctive relief against E. Wayne Hage (now deceased) and his son, Wayne N. Hage, alleging that they grazed cattle on federal lands without a permit or other authorization. The district court found that, in fact, the Hages had...

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