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Case Summary Citation

United States v. Estate of Hage, 810 F.3d 712 (9th Cir. 2016).

Abstract

In their decision to partially vacate and partially reverse the district court’s holding for the Defendants, the Ninth Circuit reaffirmed the authority of federal agencies to determine the criteria for grazing on federal land. Additionally, the Ninth Circuit rejected the district court’s attempt to attach long established water rights to grazing rights through necessity. Thus, parties seeking to access federal lands for grazing must seek and acquire a permit through the BLM, removing the possibility of water rights representing a sufficient interest to lay claim to a property right. Lastly, any of Defendant’s assertions that federal agencies and officials had violated the APA were moot due to the running of the statute of limitations.

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