Usfs

Western Watersheds Project v. United States Forest Service

Good Law
603 F. App'x 612
United States Court of Appeals for the Ninth CircuitMay 15, 201513-15421California376 words

Opinion

Opinion

MEMORANDUM

Plaintiffs Western Watersheds Project and the Center for Biological Diversity • appeal the district court’s grant of summary judgment to the defendant in regard to the renewals of grazing permits for two allotments of national forest land. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Courts may overturn agency action only if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” W. Watersheds Project v. Kraayenbrink, 632 F.3d 472 , 481-82 (9th Cir.2011) (citing 5 U.S.C. § 706 (2)(A)).

Plaintiffs argue that monitoring data on the two allotments indicate that the vegetative and soil conditions of the land are declining. They argue that the Forest Service therefore abused its discretion in concluding that “monitoring indicates that current grazing management is meeting, or satisfactorily moving toward, objectives in the land and resource management plan,” as it was required to do to renew the applicable grazing permits without conducting further environmental analysis. FY 2005 Appropriations Act, Pub.L. No. 108-447 § 339 .

However, the district court properly concluded that the Forest Service’s conclusion was…

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