Perkins v. Bergland

MEMORANDUM AND ORDER

COPPLE, District Judge.

These actions raise the issue whether the Secretary of Agriculture’s decision to reduce the authorized utilization of national forest lands under a grazing permit is “agency action [which] is committed to agency discretion by law.” 5 U.S.C. § 701(a)(2). Plaintiffs Tom and David Perkins are third generation members of a family which has been in the cattle business in Yavapai County, Arizona, since the turn of the century. Prior to August 2, 1973, David Perkins was authorized to graze 158 head of cattle on lands allotted from the Prescott National…