Smithfork Grazing Association v. Salazar, 564 F.3d 1210 (10th Cir. 2009)

(BLM did not violate Administrative Procedures Act by not providing livestock grazing permittees a hearing on the record before implementing a decision that modifies the terms and conditions of the permittees' grazing permits; Taylor Grazing Act does not direct Secretary of Interior to provide a hearing each time the BLM issues a decision modifying the terms and conditions of a grazing permit, but only when those decisions are appealed administratively and only in connection with appeals; grazing permits are not licenses; provisions contained in federal appropriation bills from 1979-1992 did not permanently amend the TGA and, thus, did not apply at time BLM issued its Final Decision in 2005; BLM not required to bear burden of proof when appellant requests stay of final decision and cases cited by plaintiff inapplicable on the issue).Annotation