Cross Mountain Ranch, LP v. Vilsack, No. 09-cv-01902-PAB, 2012 U.S. Dist. LEXIS 136091 (D.Colo. Sept. 24, 2012)

(appeal of agency decision to reduce number of ewes and lambs permitted to graze on federal allotments; reduction made pursuant to implementation of federal law and adaptive management plan; plaintiff alleged agency failed to rigorously explore and objectively evaluate all reasonable alternatives; court disagreed and held agency considered alternative plaintiff proposed; plaintiff agued agency improperly calculated data in conflict with agency “Training Guide” in its decision-making; court held plaintiff failed to properly notify agency of this issue, so exhaustion requirement not met and issue not appealable; plaintiff argued agency failed to consider whether reduction in livestock grazing with achieve desired result; court held record reveals agency considered additional factors but determination grazing was an element causing issues was not unreasonable; agency decision affirmed).