McKinley v. United States

The United States Forest Service (Forest Service) (defendant) was authorized to issue grazing permits on lands within the national forests under the Federal Land Policy and Management Act (FLPMA). The FLPMA provided that the secretary of the Forest Service could modify, cancel, or suspend grazing permits, incorporate terms and conditions into permits, and specify the numbers of animals permitted to graze. In 1973, Weldon McKinley (plaintiff) was issued a term grazing permit for 201 cattle on the Barranca allotment located in the Cibola National Forest. In 1988, McKinley was advised that the Forest Service conducted range studies and recommended a reduction in livestock numbers on the allotment. In 1989, the Cibola Forest supervisor decided based on range analysis of the allotment that grazing should be reduced to 112 cattle. The techniques utilized in the range analyses in 1973, 1977, 1978, 1988, and 1989 included Parker Three Step Cluster studies that compared range conditions over time, paced transects that examined soil and vegetation at paced datapoints, and ocular estimates. The Forest Service found that 92 percent of the allotment was in poor or very poor condition and conditions were not improving, thus requiring a reduction in grazing. McKinley appealed the Forest Service’s decision to reduce grazing. The deputy regional forester affirmed the decision. The Office of the Chief of the Forest Service declined to review the decision, making the deputy regional forester’s decision the final agency action. McKinley filed suit in district court.