WINNEMUCCA — The rancher who battled for his grazing rights all the way to the 9^th Circuit Court of Appeals has decided not to take the case any further.

Ken Buckingham, of Paradise Valley, lost his grazing permits in 2005 after the US Forest Service determined he was in non-compliance with the terms of his grazing permit -- primarily because his livestock repeatedly wandered into restricted allotments.

Buckingham has already spent a considerable sum on attorney’s fees, and it would be a costly endeavor to appeal to the US Supreme Court with no guarantee they’ll hear the case.

The 9^th Circuit Court of Appeals issued a decision in April in which they sided with the US Forest Service. Buckingham said he took the case to the Court of Appeals for help and couldn’t believe it when they sided with the US Forest Service while overlooking the very issues he wanted examined.

Buckingham explained those with grazing permits, along with the US Forest Service, are assigned portions of the fence line to maintain.

He alleged another rancher and even the Forest Service failed to maintain their assigned portions of the fence, which allowed his cows to wander out of the grazing allotment.

According to the record, the Forest Service accidentally burned a portion of the fence they were required to maintain during a controlled burn. While the Forest Service said they repaired the fence, Buckingham alleged that wasn’t true.

The 9^th Circuit Court of Appeals did not address the issue of the fences at all.

Buckingham said he felt the Forest Service singled him out for harsh consequences while overlooking actions taken by other ranchers.

“There were other permittees whose cows were going everywhere, but they weren’t going after them,” Buckingham said. “They weren’t going after anyone but me.”

It’s important to note the Forest Service didn’t allege there was damage to the range. Buckingham felt the loss of his grazing permit was a severe consequence considering there were no allegations of harm to the rangeland.

However, there were other consequences, as well, including the loss of his water rights – since his livestock can no longer graze in the area of the water.

He claimed all of these problems have severely decreased the value of his ranch.

Buckingham bought his Paradise Valley ranch in 1986 and said his grazing allotment was the best on the mountain. He also owns ranches in Eureka and Elko Counties and has worked hard to establish himself, but the government has increasingly made it more difficult for ranchers to make a living.

Despite the devaluation of his ranch and the loss of his grazing permits and water rights, Buckingham isn’t going to take his case any further.

“It cost a lot of money when you get tied up with the government and they’ll just do what they want to do,” he said. “There’s just no due process.”

What he wanted was to make the US ranger involved in the matter accountable.

Buckingham wanted to put him on the stand and question him about his actions, but his attorneys took another route with the case.

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Rancher loses grazing appeal