Legal Opinion

Oregon Natural Desert Association v. United States Forest Service

Court of Appeals for the Ninth Circuit

Decided September 20, 2006No. 05-35637PublishedCited by 126 opinions

1Opinion of the Court

PAEZ, Circuit Judge.

This appeal presents the narrow question whether the United States Forest Service’s issuance of annual operating instructions (“AOIs”) to permittees who graze livestock on national forest land constitutes final agency action for purposes of judicial review under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 702-706. The district court held that the AOIs were not final within the meaning of Section 10(c) of the APA, 5 U.S.C. § 704, and dismissed plaintiffs’ lawsuit for lack of subject matter jurisdiction. We conclude that the Forest Service’s action in issuing the…

2Cases cited18 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  3. Bennett v. SpearSupreme Court of the United States · 1997
  4. Norton v. Southern Utah Wilderness AllianceSupreme Court of the United States · 2004
  5. Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001

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3Cited by126 opinions

  1. Drakes Bay Oyster Company v. Sally JewellCourt of Appeals for the Ninth Circuit · 2013
  2. Western Radio Services Co. v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2009
  3. Siskiyou Regional Education Project v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2009
  4. Fairbanks North Star Borough v. U.S. Army Corps of EngineersCourt of Appeals for the Ninth Circuit · 2008
  5. Friends of Tims Ford v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 2009

121 more not listed; retrieve them via the Exa API.

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