Oregon Natural Desert Ass'n v. United States Forest Service
Opinion
lead Opinion
MEMORANDUM *
The facts and procedural history of this case are known to the parties, and we do not repeat them here. Plaintiffs-appellants Oregon Natural Desert Association and Oregon Natural Resources Council Fund (collectively “ONDA”) appeal the district court’s order dismissing ONDA’s four claims that the United States Forest Service violated the National Forest Administration Act (“NFMA”) in authorizing grazing on eleven allotments in the Fremont National Forest. We affirm in part, reverse in part, and remand for further proceedings.
The NFMA does not confer a private right of action, and therefore, judicial review of agency actions under that statute is governed by the Administrative Procedure Act (“APA”). Neighbors of Cuddy Mountain v. Alexander, 303 F.3d 1059, 1065, 1067 (9th Cir.2002). When, as here, judicial review is sought under the APA rather than pursuant to specific authorization in the underlying substantive statute, the person claiming a right to sue must identify “agency action” that has injured that person, and the agency action in question must be final. Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 882 , 110 S.Ct. 3177 , 111 L.Ed.2d 695 (1990).