Public Lands Council v. Babbitt, 529 U.S. 728, 12 (2000)

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Cite as: 529 U. S. 728 (2000)

Opinion of the Court

make the rangeland management program "more compatible with ecosystem management," "streamline certain administrative functions," and "obtain for the public fair and reasonable compensation for the grazing of livestock on public lands." 58 Fed. Reg. 43208 (1993) (Proposed Rule). The amendments in final form emphasize individual "steward-ship" of the public land by increasing the accountability of grazing permit holders; broaden membership on the district advisory boards; change certain title rules; and change administrative rules and practice of the Bureau of Land Management to bring them into closer conformity with related Forest Service management practices. See 60 Fed. Reg. 9900-9906 (1995).

Petitioners Public Lands Council and other nonprofit ranching-related organizations with members who hold grazing permits brought this lawsuit against the Secretary and other defendants in Federal District Court, challenging 10 of the new regulations. The court found 4 of 10 unlawful. 929 F. Supp. 1436, 1450-1451 (Wyo. 1996). The Court of Appeals reversed the District Court in part, upholding three of the four. 167 F. 3d 1287, 1289 (CA10 1999). Those three (which we shall describe further below) (1) change the definition of "grazing preference"; (2) permit those who are not "engaged in the livestock business" to qualify for grazing permits; and (3) grant the United States title to all future "permanent" range improvements. One judge on the Court of Appeals dissented in respect to the Secretary's authority to promulgate the first and the third regulations. See id., at 1309- 1318. We granted certiorari to consider the ranchers' claim that these three regulatory changes exceed the authority that the Taylor Act grants the Secretary. 528 U. S. 926 (1999).

II

A

The ranchers attack the new "grazing preference" regulations first and foremost. Their attack relies upon the

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