Legal Opinion
John L. Faulkner, Laura Jo Faulkner, R. Fred Faulkner, and Susan L. Faulkner v. James G. Watt, Secretary of the Interior
Court of Appeals for the Ninth Circuit
Decided November 19, 1981No. 80-3023PublishedCited by 4 opinions
1Opinion of the Court
SNEED, Circuit Judge:
This case involves the narrow question of whether the Secretary of the Interi- or’s undisputed obligation to classify, upon petition by a qualified applicant, certain lands under the Taylor Grazing Act, § 7, 43 U.S.C. § 315f as suitable or unsuitable for agriculture also requires the Secretary to reclassify lands whose best use has previously been considered. Under the Department of Interior’s interpretation, plaintiffs are effectively barred from making an entry onto federal lands under the Desert Land Acts, 43 U.S.C. §§ 321-339. The Interior Board of Land Appeals (IBLA)…
2Cases cited14 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- United States v. FullerSupreme Court of the United States · 1973
- Ness Investment Corporation, and Canyon Lake Resort, Inc. v. United States Department of Agriculture, Forest Service, and Fred Wirth, ForestsupervisorCourt of Appeals for the Ninth Circuit · 1975
- McLaren v. FleischerSupreme Court of the United States · 1921
- Natural Resources Defense Council, Inc. v. MortonDistrict Court, District of Columbia · 1974
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3Cited by4 opinions
- Marshall J. Orloff, M.D. v. Max Cleland, as Administrator, of the Veterans AdministrationCourt of Appeals for the Ninth Circuit · 1983
- Adams v. HowertonCourt of Appeals for the Ninth Circuit · 1982
- Adams v. HowertonCourt of Appeals for the Ninth Circuit · 1982
- R. Jay Kidd v. United States Department of Interior, Bureau of Land Management, and Henry W. ManningCourt of Appeals for the Ninth Circuit · 1985