Nelson v. Andrus

This is an appeal from a summary judgment dismissing the action with prejudice on the ground that the court was without jurisdiction to review a decision of the Secretary of the Interior which classified certain land as suitable for entry under the Desert Land Act, as amended, 43 U.S.C. § 321, et seq., and granted a desert land entry permit to the intervenor. In a well reasoned opinion, setting forth in detail the *1266undisputed facts and applicable law, the district court held that the Secretary’s action was committed to agency discretion and therefore was not subject to judicial review. Nelson…