2-Bar Ranch Limited Partnership v. United States Forest Service, No. 19-35351 (9th Cir. 2021)Annotate this Case
Plaintiffs, cattle ranchers, filed suit in federal district court, claiming that the Service's decision to apply the 1995 Riparian Mitigation Measures to the Dry Cottonwood Allotment, instead of the allowable use levels in the 2009 Forest Plan, violated the National Forest Management Act and the Administrative Procedure Act.
The Ninth Circuit reversed the district court's grant of partial summary judgment to plaintiffs and remanded with instructions to grant summary judgment to the Service. The panel concluded that the Service lawfully applied a particular set of standards for protecting stream habitats from the effects of cattle grazing, the 1995 Riparian Mitigation Measures, to plaintiffs' grazing permits. The panel also concluded that plaintiffs were not entitled to attorney's fees under the Equal Access to Justice Act for their administrative appeal.