UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH R. BUCKINGHAM,
SECRETARY OF THE U.S.
DEPARTMENT OF AGRICULTURE;
CHIEF OF THE FOREST SERVICE;
REGIONAL FORESTER FOR THE
INTERMOUNTAIN REGION OF THE
FOREST SERVICE; FOREST
SUPERVISOR OF THE HUMBOLDT-
TOIYABE NATIONAL FOREST OF THE
FOREST SERVICE; DISTRICT RANGER
FOR THE SANTA ROSA RANGER
DISTRICT OF THE FOREST SERVICE,
Appeal from the United States District Court
for the District of Nevada
Brian E. Sandoval, District Judge, Presiding
Argued and Submitted
March 1, 2010—Portland, Oregon
Filed April 29, 2010
Before: Richard A. Paez, Richard C. Tallman, and
Milan D. Smith, Jr., Circuit Judges.
Opinion by Judge Milan D. Smith, Jr.
Therese A. Ure, Schroeder Law Offices, P.C., Portland, Ore-
gon, John E. Marvel, Marvel & Kump, Ltd., Elko, Nevada,
and Wm. Alan Schroeder, Schroeder & Lezamiz Law Offices,
LLP, Boise, Idaho, for the plaintiff-appellant.
Daniel G. Bogden, United States Attorney, and Roger W.
Wenthe, Assistant United States Attorney, Las Vegas,
Nevada, for the defendants-appellees.
BUCKINGHAM v. SEC. OF U.S. DEP’T AGRICULTURE
MILAN D. SMITH, JR., Circuit Judge:
Plaintiff Kenneth R. Buckingham filed a complaint in the
District of Nevada against the Secretary of the United States
Department of Agriculture, the Chief of the United States For-
est Service, the Regional Forester for the Intermountain
Region, the Forest Supervisor for the Humboldt-Toiyabe
National Forest, and the District Ranger for the Santa Rosa
Ranger District (collectively, the Forest Service). Bucking-
ham sought judicial review, pursuant to the Administrative
Procedure Act (APA), of the Forest Service’s decision to can-
cel his permit to graze cattle in the Santa Rosa Ranger District
of the Humboldt-Toiyabe National Forest, claiming, inter
alia, that the Forest Service: (1) erroneously enforced a permit
lacking clearly defined pasture bou