Stewart v. Kempthorne

ORDER AND MEMORANDUM DECISION AS TO PLAINTIFFS’ ADMINISTRATIVE PROCEDURE ACT CLAIMS

TENA CAMPBELL, Chief Judge.

On November 2, 2007, this Court heard oral argument by the parties regarding Plaintiffs’ claims arising under the Administrative Procedure Act (“APA”) challenging the January 26, 2006 decision of the Department of the Interior’s Administrative Law Judge (“ALJ”), James H. Heffernan. The ALJ, who decides matters as fully and finally as would the Secretary of the Interior, 1 affirmed the Bureau of Land Management’s (“BLM”) decision denying Plaintiffs’ grazing applications for three…