9th Circuit hears arguments on “grazing preference”

The 9th Circuit Court of Appeals heard earlier this month arguments on the first-of-its-kind denial of a “grazing preference” by the Bureau of Land Management (BLM) to an Oregon family.

The case could set precedence regarding Congress’ intent when it passed the Taylor Grazing Act (TGA) in 1934 and the Federal Land Policy and Management Act (FLPMA) in 1976. Both give an existing permit holder the right to stand first in line when it comes time to renew that permit—commonly referred to as a “preference” by the TGA and a “first priority” by FLPMA—or when passing the permit to a family member.