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Posted: Thursday, March 04, 2010 11:00 AM




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Court hears forest grazing permit suit

The 9th U.S. Circuit Court of Appeals recently heard arguments in another lawsuit over grazing permits on national forest land.

Rancher Kenneth Buckingham is appealing the U.S. Forest Service's cancellation of his grazing permit in Nevada's Humboldt-Toiyabe National Forest.

Buckingham was initially allowed to run more than 1,000 head of cattle on the allotment. The agency reduced the number by 25 percent and later canceled the permit because, among other reasons, his animals were found grazing in prohibited areas, according to court documents.

A federal judge affirmed the Forest Service's decision, and Buckingham has challenged that ruling in federal appellate court.

The permit did not precisely delineate where in the allotment grazing was prohibited, so the terms were not violated, an attorney for the rancher said during arguments March 1.

An attorney for the Forest Service countered that Buckingham received detailed instructions about grazing in the allotment, which effectively became part of the permit.

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