Stone v. United States Forest Service

MEMORANDUM **

Jon Stone appeals the district court’s judgment against him on his claim under the Administrative Procedure Act (“APA”). He argues that the United States Forest Service improperly cancelled his grazing permit because the agency failed to give him notice and an opportunity to demonstrate or achieve compliance. See 5 U.S.C. § 558 (c). The APA’s procedural protections do not apply, however, “in cases of willfulness.” Id. Because the agency found Stone’s conduct to be willful, and that finding was not arbitrary and capricious, we affirm.

We review the decision below with “no particular deference, because the district court, limited to the administrative record, is in no better position to review the agency than the court of appeals.” Great Western Bank v. Office of Thrift Supervision, 916 F.2d 1421, 1426 (9th Cir.1990) (citation *513 omitted). Our review of the agency’s action is narrower. We must affirm unless the cancellation decision was “ ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with lav/ or ... failed to meet statutory, procedural, or constitutional requirements.” Anchustegui v. Department of Agriculture, 257 F.3d 1124, 1128…