ELR Citation: ELR 20131
No(s). 09-15893 (9th Cir. Apr 29, 2010)

The Ninth Circuit held that the U.S. Forest Service did not act arbitrarily or capriciously in deciding to cancel an individual's grazing permit in the Santa Rosa Ranger District of the Humboldt-Toiyabe National Forest. The Forest Service’s administrative procedures leading up to the termination of the individual's grazing permit afforded him due process. Before the Forest Service finally cancelled his grazing permit, it provided the individual with ample procedures, pre- and post-deprivation, to ensure that he could present his side of the story. The individual also was given ample notice and an opportunity to demonstrate or achieve compliance with his permit pursuant to the APA. And the Forest Service had a reasonable basis for canceling the individual's 2005 permit based on the violations occurring in the 2005 grazing season alone. The court, therefore, affirmed a lower court's grant of summary judgment in favor of the government.