Anchustegui

Anchustegui v. Department of Agriculture

Good Law
257 F.3d 1124·2001 WL 845308
United States Court of Appeals for the Ninth CircuitJuly 17, 2001No. 99-35755California2,096 words

Opinion

Lead Opinion

Wood, J.

After exhausting all administrative remedies, on November 18, 1997, Plaintiff An-chustegui filed a complaint in the district court in Boise, Idaho, against the Secretary of the United States Department of Agriculture (“Secretary of Agriculture”), the Forest Service, the Regional Forester, the Boise National Forest Supervisor, and the Mountain Home District Ranger. An-chustegui sought judicial review of the Forest Service’s decision to cancel his permit to graze sheep in the Mountain Home Ranger District, challenging the decision under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706 . Although the court referred the case to mediation, the parties were not able to reach a settlement. The administrative record was filed on September 1, 1998. Both parties agreed to have the case decided by a magistrate judge and both moved for summary judgment. Arguments were heard on February 16, 1999, and the court issued a memorandum decision and order granting summary judgment in favor of the Secretary of Agriculture on May 14, 1999. Judgment was entered on May 21, 1999. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse the district court’s decision.

BACKGROUND

Anchustegui…

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