ELR Citation: ELR 20192
No(s). 08-2290 (10th Cir. Aug 2, 2010)

The Tenth Circuit affirmed in part a lower court decision dismissing an individual's APA claim seeking to set aside certain U.S. Forest Service actions that impacted the individual's livestock grazing permits on the Gila National Forest. In 2002, the Forest Service temporarily cancelled 25 percent of his grazing permit due to noncompliance. In 2004, he was granted a new grazing permit that permanently reduced the grazing by 25 percent. Because he failed to administratively appeal the terms of the 2004 permit, the individual's claim that the Forest Service arbitrarily and capriciously cancelled 25 percent of his grazing permit is moot. On remand, the lower court should dismiss this claim. The individual also challenged the Forest Service's "decision notice" authorizing the permit. The Forest Service's alleged failure to consult with the “planning committee” does not provide a basis for setting aside the decision notice under the APA. Moreover, it is impossible to determine precisely what Forest Service actions the individual believes have aggrieved him with respect to the decision notice.