ELR Citation: ELR 20198
No(s). 05-35637 (9th Cir. Sep 21, 2006)

The court holds that the U.S. Forest Service's issuance of annual operating instructions to permittees who graze livestock on national forest land constitutes final agency action for purposes of judicial review under the Administrative Procedure Act. The annual operating instructions are a discrete, site-specific action representing the Forest Service's last word from which binding obligations flow, have a direct and immediate effect on the day-to-day operations of the permit holder, and impose substantial and intricate legal obligations on the permit holder. Consequently, the court reverses the lower court's dismissal order and remands the matter for determination on the merits.