Legal Opinion

Falk v. United States Ex Rel. Department of the Interior

Court of Appeals for the Eighth Circuit

Decided July 5, 2006No. 05-2566PublishedCited by 5 opinions

1Opinion of the Court

SMITH, Circuit Judge.

Appellants, South Dakota landowners, commenced a declaratory judgment action challenging decisions made by the United States Fish and Wildlife Service (“FWS”) affecting the use of their land for goose hunting. After considering the stipulated facts, the district court 1 entered judgment in favor of FWS, finding that its decisions were reasonable and not arbitrary or capricious. We affirm.

I. Background

Appellants Alex Falk, Annie Falk, Mohammed Hattum, and Bob Nystrom all own land in South Dakota. They all use their land for both the planting of crops and hunting of…

2Cases cited4 opinions

  1. United States v. Kenneth A. ManningCourt of Appeals for the Eighth Circuit · 1986
  2. Lonnie Ray Bradley v. Bureau of Alcohol, Tobacco and FirearmsCourt of Appeals for the Eighth Circuit · 1984
  3. United States v. ChandlerCourt of Appeals for the Fourth Circuit · 1985
  4. Renwick L. Allen and Courtney Vallentine v. Lawrence J. Merovka, L. J. Dugger, and Robert G. KinghornCourt of Appeals for the Tenth Circuit · 1967

3Cited by5 opinions

  1. Sugule v. FrazierCourt of Appeals for the Eighth Circuit · 2011
  2. Mereness v. United States Office of Personnel ManagementDistrict Court, E.D. Missouri · 2016
  3. Alex Falk v. United StatesCourt of Appeals for the Eighth Circuit · 2006
  4. Lundell Farming Company LP v. United States Army Corps of EngineersDistrict Court, E.D. Arkansas · 2022
  5. Maryskova v. MayorkasDistrict Court, D. Nebraska · 2021

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