Perkins v. Bergland

608 F.2d 803 10 Envtl. L. Rep. 20 ,070 David G. PERKINS and Thomas Y. Perkins, Appellants, v. Bob BERGLAND, Secretary of Agriculture, U. S. Department of Agriculture, John R. McGuire, Chief, Forest Service, William B. Hurst, Regional Forester, James Kimball, Don Bolander, Supervisor of the Prescott National Forest, Appellees. No. 78-3659. United States Court of Appeals, Ninth Circuit. Nov. 21, 1979. Robert K. Best, Sacramento, Cal., for appellants. Carl Strass, Dept. of Justice, Washington, D. C., for appellees. Appeal from the United States District Court for the District of Arizona. Before HUFSTEDLER and GOODWIN, Circuit Judges, and HOFFMAN * , District Judge. GOODWIN, Circuit Judge: 1 Two brothers, who grazed cattle on public land, sued the Department of Agriculture to challenge a reduction in their grazing permits. They appeal a summary judgment for the government. 2 Thomas and David Perkins hold permits entitling each of them to graze cattle within the Prescott National Forest. The permits are issued by the United States Forest Service, an arm of the Department of Agriculture, as authorized by 16 U.S.C. § 580L (1976). In 1972, the Forest Supervisor, on recommendation of…