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Keywords

plaintiffdefendantappealwillregulation
plaintiffdefendantappealwillregulation

Related Cases

Bar MK Ranches v. Yuetter

Facts

Plaintiffs are a group of landowners who hold national forest grazing permits. On February 25, 1987, the Forest Supervisor authorized the transplant of 150 elk to National Forest System land located on the Manti-LaSal National Forest near Monticello, Utah. Pursuant to the procedure set out in 36 C.F.R. 211.18(f) (1987), Plaintiffs appealed the decision to the Intermountain Regional Forester, contesting the order, and the appeals were consolidated for administrative review. On January 15, 1988, the Regional Forester advised Plaintiffs that the agency appeal record was closed as of December 20, 1987. However, after finding the agency appeal record inadequate, the Regional Forester suspended the appeals process and asked the Forest Supervisor to provide supplemental information. Plaintiffs were given an opportunity to review and comment on the new information. On March 25, 1988 the Regional Forester affirmed the Forest Supervisor's decision.

Plaintiffs are a group of landowners who hold national forest grazing permits. On February 25, 1987, the Forest Supervisor authorized the transplant of 150 elk to National Forest System land located on the Manti-LaSal National Forest near Monticello, Utah. Pursuant to the procedure set out in 36 C.F.R. 211.18(f) (1987), Plaintiffs appealed the decision to the Intermountain Regional Forester, contesting the order, and the appeals were consolidated for administrative review. On January 15, 1988, the Regional Forester advised Plaintiffs that the agency appeal record was closed as of December 20, 1987. However, after finding the agency appeal record inadequate, the Regional Forester suspended the appeals process and asked the Forest Supervisor to provide supplemental information. Plaintiffs were given an opportunity to review and comment on the new information. On March 25, 1988 the Regional Forester affirmed the Forest Supervisor's decision.

Issue

Plaintiffs contend that the district court erred in upholding the administrative action because Defendants failed to comply with their own agency appeal record regulations in arriving at the administrative decision and that the Administrative Record filed with the district court was improperly developed.

Plaintiffs contend that the district court erred in upholding the administrative action because Defendants failed to comply with their own agency appeal record regulations in arriving at the administrative decision and that the Administrative Record filed with the district court was improperly developed.

Rule

While we agree with Plaintiffs that agencies are required to follow their own regulations, we also note that an agency's interpretation of its own regulations, including its procedural rules, is entitled to great deference. We will only reject an agency's interpretation if it is unreasonable, plainly erroneous, or inconsistent with the regulation's plain meaning.

While we agree with Plaintiffs that agencies are required to follow their own regulations, we also note that an agency's interpretation of its own regulations, including its procedural rules, is entitled to great deference. We will only reject an agency's interpretation if it is unreasonable, plainly erroneous, or inconsistent with the regulation's plain meaning.

Analysis

The Forest Service construes its regulations as requiring that the Deciding Officer forward only those documents which are relevant to the agency appeal issues to the Reviewing Officer, making the record considered by the Deciding Officer different from the one developed later during the agency review process. The court held that the agency's interpretation is reasonable and consistent with the regulation's plain meaning.

The Forest Service construes its regulations as requiring that the Deciding Officer forward only those documents which are relevant to the agency appeal issues to the Reviewing Officer, making the record considered by the Deciding Officer different from the one developed later during the agency review process. The court held that the agency's interpretation is reasonable and consistent with the regulation's plain meaning.

Conclusion

The judgment was affirmed.

The judgment was affirmed.

Who won?

The Forest Service prevailed in the case because the court found that the agency had properly adhered to its own regulations and that the Administrative Record was adequate to evaluate the agency's decision.

The Forest Service prevailed in the case because the court found that the agency had properly adhered to its own regulations and that the Administrative Record was adequate to evaluate the agency's decision.

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