The complete administrative record consists of all documents and materials directly or indirectly considered by the agency.
After the Forest Service authorized an elk transplant, landowners challenged the agency's decision, alleging the agency violated its own regulations by considering information outside the agency appeal record and that the administrative record was improperly developed. The court addressed whether the agency's interpretation of its regulations was reasonable and whether the administrative record was complete. Applying a presumption of administrative regularity, the court held that the complete administrative record consists of all documents and materials directly or indirectly considered by the agency. Because the plaintiffs failed to clearly establish that the record was improperly designated or show prejudice from any alleged errors, the court affirmed the district court's grant of summary judgment.
At page 740 Presumption of regularity in administrative record designation90 citing cases“the designation of the administrative record, like any established administrative procedure, is entitled to a presumption of administrative regularity.”
- Kentucky Heartwood, Inc. v. Moore, No. 6:22-cv-00169 (E.D. Ky. Mar. 28, 2025).(The court assumes the agency properly designated the Administrative Record absent clear evidence to the contrary.)
- Can Softtech, Inc v. United States, No. 24-1009 (Fed. Cl. Jan. 2, 2025).published(The court assumes the agency properly designated the Administrative Record absent clear evidence to the contrary.)
- Ctr. For Biological Diversity v. U.S. Fish & Wildlife Serv., No. 1:21-cv-05706 (S.D.N.Y. July 18, 2022).([T]he designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative regularity.)
- North Carolina Wildlife Fed'n v. North Carolina Dep't of Transp., No. 2:19-cv-00014 (E.D.N.C. Aug. 26, 2020).(The court assumes the agency properly designated the [a]dministrative [r]ecord absent clear evidence to the contrary.)
- Ctr. for Biological Diversity v. U.S. Fish & Wildlife Serv., No. 2:19-cv-14243, 2020 WL 2732340 (S.D. Fla. May 26, 2020). In applying this standard, lower courts have elaborated that the full administrative record includes “all documents and materials directly or indirectly considered by agency decision-makers.” Thompson v. Dep’t of Labor, 885 F.2d 551, 555 (…
- WildEarth Guardians v. United States Army Corps of Engineers, 264 F. Supp. 3d 1136 (D.N.M. 2017).published (The court assumes the agency properly designated the Administrative Record absent clear evidence to the contrary.)
- Hispanic Affairs Proj. v. Acosta, 263 F. Supp. 3d 160 (D.D.C. 2017).published([T]he designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative regularity,)
- Tafas v. Dudas, 530 F. Supp. 2d 786 (E.D. Va. 2008).published (When a showing is made that the record may not be complete, limited discovery is appropriate to resolve that *795 question.)
- Ammex, Inc. v. United States, 62 F. Supp. 2d 1148 (Ct. Int'l Trade 1999).published National Corn Growers, 10 CIT at 348, 636 F.Supp. at 929 (“Notwithstanding the varying degrees of apparent relevance of the foregoing documents, they are not part of the administrative record according to the Roth affidavit, i.e., they wer…
- Korean Buddhist Dae Won Sa Temple v. Sullivan, 953 P.2d 1315 (Haw. 1998).published(Although allegations of a post 'hoc addition to the Administrative Record sufficiently alleges procedural error, an allegation of a post hoc addition does not in itself sufficiently allege prejudice.)
Show 79 more citing cases
- Leader Commc'ns v. FAA, No. 18-9510 (10th Cir. Dec. 17, 2018).unpublished Id. (“A Product Team’s discretion to undertake corrective action is not absolute.”) AR at 1290.
- Bahadorani, No. 5:25-cv-01091 (W.D. Okla. Oct. 31, 2025).(holding that errors in administrative proceedings do not call for reversal without plaintiffs demonstrating that such errors produced prejudice)
- Calvary Hosp., Inc. v. Becerra, No. 1:23-cv-08479 (S.D.N.Y. July 25, 2025).An agency’s designation of the administrative record “serves as a formal representation by the agency that it has properly completed the record,” Ctr. for Biological Diversity, 2022 WL 2805464 , at *3, and courts “presume that an ‘agency p…
- Legacy Corp. of Illinois v. United States, No. 24-698 (Fed. Cl. Dec. 4, 2024).publishedPoplar Point RBBR, LLC v. United States, 145 Fed. Cl. 489 , 494 (2019) (citing Bar MK Ranches v. Yuetter, 994 F.2d 735, 740 (10th Cir. 1993)).
- Diaz-Valdez v. Garland, 122 F.4th 436 (1st Cir. 2024).published“[T]he designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative regularity”
- Hamrick v. Fed. Bureau of Prisons, No. 1:23-cv-01098 (D. Colo. Nov. 12, 2024). Bar MK Ranches v. Yuetter, 994 F.2d 735, 740 (10th Cir. 1993); see also Shinseki v. Sanders, 556 U.S. 396, 409 (2009) (holding that burden of showing prejudice “normally” falls on party challenging agency action).
- Roe v. Mayorkas, No. 1:22-cv-10808 (D. Mass. Oct. 2, 2024). A party may also move to complete the record. “[T]he designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative regularity.” Oceana, Inc. v. Ross, 920 F.3d 855, 8…
- Reeder v. United States, No. 2:24-cv-00227 (D.N.M. Aug. 23, 2024).Citizens for Alternatives to Radioactive Dumping v. Dep’t of Energy, 485 F.3d 1091, 1096 (2007); Bar MK Ranches v. Yuetter, 994 F.2d 735, 740 (10th Cir. 1993).
- Nat'l Council of Negro Women v. Buttigieg, No. 1:22-cv-00314, 2024 WL 1287611 (S.D. Miss. Mar. 26, 2024).Passenger Corp., 376 F.3d 1270, 1278 (11th Cir. 2004); then Bar MK Ranches v. Yuetter, 994 F.2d 735, 740 (10th Cir. 1993); and then Transp.
- Sierra Club v. United States Army Corps of Engineers, No. 2:20-cv-00396 (D. Me. Sept. 26, 2023). “the designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative regularity”
- Davis v. Sec'y, Dep't of Homeland Sec., No. 1:21-cv-00615 (S.D. Ohio Oct. 25, 2022).“Absent clear evidence to the contrary, the reviewing court assumes the agency has properly designated the administrative record.” Sherwood v. Tennessee Valley Authority, 590 F. App’x 451, 459-60 (6th Cir. 2014) (citing Bar MK Ranches v. Y…
- Rocky Mountain Peace & Just. Ctr. v. United States Fish & Wildlife Serv., 40 F.4th 1133 (10th Cir. 2022).publishedWhen a court evaluates whether an agency has complied with the APA, its review “is generally based on the full administrative record that was before all decision makers.” Bar MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993).
- Paradise Ridge Def. Coalition v. United States Army Corps of Engineers, No. 1:22-cv-00122 (D. Idaho June 3, 2022).See United States v. Chemical Found., 272 U.S. 1, 14-15 (1926) (“The presumption of regularity supports the official acts of public officers, and, in the absence of clear evidence to the contrary, courts presume that they have properly dis…
- Awan v. Douglas, No. 2:21-cv-00163 (D. Utah Jan. 24, 2022).LEGAL STANDARDS “The complete administrative record consists of all documents and materials directly or indirectly considered by the agency.” Bar MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993).
- NO LAPORTE GRAVEL CORP. v. Bd. OF Cnty. COMMISSIONERS OF LARIMER Cnty., 2022 COA 6, 507 P.3d 1053.publishedComm'rs , 271 P.3d 597, 606 (Colo. App. 2011) (quoting Bar MK Ranches v. Yuetter , 994 F.2d 735, 740 (10th Cir. 1993) ).
- Sierra Club v. U.S. Fish & Wildlife Serv., No. 2:20-cv-00013 (M.D. Fla. Sept. 30, 2021).“the designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative regularity”
- Singh v. United States, No. 1:20-cv-00799 (N.D. Ohio Sept. 2, 2021).Ohio Sept. 18, 2009). “’The court assumes the agency properly designated the Administrative Record absent clear evidence to the contrary.’” Id. (quoting Bar MK Ranches v. Yuetter, 994 F.2d 735, 740 (10th Cir. 1993)).
- Save Barton Creek Ass'n v. Texas Dep't of Transp., No. 1:19-cv-00761 (W.D. Tex. Aug. 27, 2021).Tex. July 29, 2019) (“Where an agency has presented a certified copy of the complete administrative record, ‘the court assumes the agency properly designated the Administrative Record absent clear evidence to the contrary.’”) (quoting Bar…
- Willie Goffney, Jr. v. Xavier Becerra, 995 F.3d 737 (9th Cir. 2021).published“agency properly designated the Administrative Record absent clear evidence to the contrary”
- Friends of Animals v. United States Fish & Wildlife Serv., No. 4:18-cv-00053 (D. Utah Dec. 22, 2020). In American Mining Congress v. Thomas, the Tenth Circuit outlined five justifications for supplementation: (1) the agency action is not adequately explained and cannot be reviewed properly without considering the cited materials; (2) the r…
- Miami Nation of Indians of Indiana v. Babbitt, 979 F. Supp. 771 (N.D. Ind. 1996).published
- Calloway v. Harvey, 590 F. Supp. 2d 29 (D.D.C. 2008).published
- Pac. Shores Subdivision California Water Dist. v. United States Army Corps of Engineers, 448 F. Supp. 2d 1 (D.D.C. 2006).published
- Fund for Animals v. Williams, 245 F. Supp. 2d 49 (D.D.C. 2003).published
- Wildearth Guardians v. United States Forest Serv., 713 F. Supp. 2d 1243 (D. Colo. 2010).published
- United States v. United States Dist. Court, 875 F.3d 1200 (9th Cir. 2017).published
- Ammex, Inc. v. United States, 27 Ct. Int'l Trade 1811 (Ct. Int'l Trade 2003).published
- Sisseton-Wahpeton Oyate of Lake Traverse Reservation v. United States Corps of Engineers, 124 F. Supp. 3d 958 (D.S.D. 2015).published
- Jarita Mesa Livestock Grazing Ass'n v. United States Forest Serv., 305 F.R.D. 256 (D.N.M. 2015).published
- WildEarth Guardians v. Haaland, No. 2:16-cv-00168 (D. Utah July 8, 2019).
- Khakhn v. Holder, Jr., 371 F. App'x 933 (10th Cir. 2010).unpublished
- Shinseki v. Sanders, 556 U.S. 396 (2009).published
- Cross v. United States, 149 F.3d 1190 (10th Cir. 1998).unpublished
- Gibson v. Glickman, 15 F. App'x 749 (10th Cir. 2001).unpublished
- Hang Kannha Yuk v. Ashcroft, 355 F.3d 1222 (10th Cir. 2004).published
- Citizens for Alternatives to Radioactive Dumping v. United States Dep't of Energy, 485 F.3d 1091 (10th Cir. 2007).published
- New Mexico ex rel. Richardson v. Bureau of Land Mgmt., 565 F.3d 683 (10th Cir. 2009).published
- Cook Inletkeeper v. United States Env't Prot. Agency, 400 F. App'x 239 (9th Cir. 2010).unpublished
- Prairie Band Pottawatomie Nation v. Fed. High. Admin., 684 F.3d 1002 (10th Cir. 2012).published
- Advanced Tech. & Materials Co. v. United States, 34 Ct. Int'l Trade 598 (Ct. Int'l Trade 2010).published
- Defenders of Wildlife v. Dalton, 24 Ct. Int'l Trade 1116 (Ct. Int'l Trade 2000).published
- McCrary v. Gutierrez, 495 F. Supp. 2d 1038 (N.D. Cal. 2007).published
- Sheep Mountain All. v. Bd. of Cnty. Commissioners, 271 P.3d 597 (Colo. Ct. App. 2011).published
- Animal Legal Def. Fund, Inc. v. Glickman, 943 F. Supp. 44 (D.D.C. 1996).published
- At & T Commc'ns of the Sw., Inc. v. Sw. Bell Tel. Co., 86 F. Supp. 2d 932 (W.D. Mo. 1999).published
- Citizens Advy. Comm. on Priv. Pris. v. Usdoj, 197 F. Supp. 2d 226 (W.D. Pa. 2001).published
- Amfac Resorts, L.L.C. v. United States Dep't of Interior, 150 F. Supp. 2d 96 (D.D.C. 2001).published
- Prairie Band Pottawatomie Nation v. Fed. High. Admin., 751 F. Supp. 2d 1174 (D. Kan. 2010).published
- State of Delaware Dep't of Nat. Resources & Env't Control v. United States Army Corp. of Engineers, 722 F. Supp. 2d 535 (D. Del. 2010).published
- Cardinal Health, Inc. v. Holder, 846 F. Supp. 2d 203 (D.D.C. 2012).published
- Sherwood v. Tennessee Valley Auth., 590 F. App'x 451 (6th Cir. 2014).unpublished
- Comm. of 100 on the Fed. City v. Foxx, 140 F. Supp. 3d 54 (D.D.C. 2015).published
- WildEarth Guardians v. United States Bureau of Land Mgmt., 870 F.3d 1222 (10th Cir. 2017).published
- Poplar Point Rbbr, LLC v. United States, No. 19-1378 (Fed. Cl. Nov. 6, 2019).published
- Mohammad Banki v. Michael D. Fine, 224 A.3d 88 (R.I. 2020).published
- Michael Van Bemmelen v. Comm'r, 155 T.C. No. 4 (T.C. 2020).published
- Joseph v. Mieka Corp., 2012 COA 84, 282 P.3d 509.published
- Rags Over the Arkansas River, Inc. v. Colorado Parks & Wildlife Bd., 2015 COA 11M, 360 P.3d 186.published
- Onysko v. Walsh, No. 21-9529 (10th Cir. Apr. 28, 2022).unpublished
- Partners in Forestry Coop. v. United States Forest Serv., 45 F. Supp. 3d 677 (W.D. Mich. 2014).published
- Jarita Mesa Livestock Grazing Ass'n v. United States Forest Serv., 58 F. Supp. 3d 1191 (D.N.M. 2014).published
- WildEarth Guardians v. United States Off. of Surface Mining, 104 F. Supp. 3d 1208 (D. Colo. 2015).published
- Emhart Indus., Inc. v. New England Container Co., 274 F. Supp. 3d 30 (D.R.I. 2017).published
- Citizens Advisory Comm. on Private Prisons, Inc. v. United States Dep't of Just., 197 F. Supp. 2d 226 (W.D. Pa. 2001).published
- All. for the Wild Rockies v. Kruger, 950 F. Supp. 2d 1172 (D. Mont. 2013).published
- Kane Land & Livestock, Inc. v. United States, 964 F. Supp. 1538 (D. Wyo. 1997).published
- Ctr. for Biological Diversity v. Kelly, No. 4:17-cv-00163 (D. Ariz. Mar. 17, 2020).
- Decor Team LLC v. McAleenan, No. 2:19-cv-05346 (D. Ariz. Mar. 23, 2020).
- WildEarth Guardians v. David Bernhardt, No. 2:19-cv-09473 (C.D. Cal. Dec. 16, 2020).
- Sierra Club v. U.S. Fish & Wildlife Serv., No. 2:20-cv-00013 (M.D. Fla. Dec. 1, 2021).
- Arriva Med. LLC v. Sec'y of the United States Dep't of Health & Human Servs., No. 9:19-cv-80685 (S.D. Fla. Sept. 28, 2020).
- Doe v. Trump, No. 3:19-cv-01743 (D. Or. Apr. 13, 2020).
- Chestnut v. Jaddou, No. 3:21-cv-00497 (D.S.C. Sept. 7, 2022).
- Knight v. U.S. Army Corps of Engineers, No. 4:18-cv-00352 (E.D. Tex. July 29, 2019).
- Whistleblower 11099-13W, No. 11099-13 (T.C. Jan. 13, 2026).unpublished
- Oceana, Inc. v. Wilbur Ross, 920 F.3d 855 (D.C. Cir. 2019).published
- New York v. U.S. Dep't of Com., 351 F. Supp. 3d 502 (S.D. Ill. 2019).published
- Kravitz v. U.S. Dep't of Com., 366 F. Supp. 3d 681 (D. Md. 2019).published
- Saget v. Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).published
At page 739 Defining the scope of the administrative record88 citing cases“the complete administrative record consists of all documents and materials directly or indirectly considered by the agency.”
- Am. Petroleum Inst. v. U.S. Dep't of Com., No. 2:21-cv-00905 (E.D. La. July 29, 2025).(An agency may not unilaterally determine what constitutes the Administrative Record.)
- B.M.B.P. v. Shane Jeffries, No. 22-35857 (9th Cir. Apr. 16, 2024).published(An agency may not unilaterally determine what constitutes the Administrative Record)
- Ctr. for Biological Diversity v. U.S. Fish & Wildlife Serv., No. 2:19-cv-14243, 2020 WL 2732340 (S.D. Fla. May 26, 2020). (The complete administrative record consists of all documents and materials directly or indirectly considered by the agency.)
- In re United States, No. 17-801 (U.S. Dec. 11, 2017). (An agency may not unilaterally deter- mine what constitutes the Administrative Record)
- WildEarth Guardians v. United States Army Corps of Engineers, 264 F. Supp. 3d 1136 (D.N.M. 2017).published See Bar MK Ranches, 994 F.2d at 740 (“The court assumes the agency properly designated the Administrative Record absent clear evidence to the contrary.”).
- Tafas v. Dudas, 530 F. Supp. 2d 786 (E.D. Va. 2008).published Courts have allowed discovery, however, in situations where “those challenging agency action have contended the record was incomplete.” Public Power Council v. Johnson, 674 F.2d 791, 794 (9th Cir.1982); see also Bar MK Ranches, 994 F.2d at…
- Stainback v. Sec'y of the Navy, 520 F. Supp. 2d 181 (D.D.C. 2007).published (The complete administrative record consists of all documents and materials directly or indirectly considered by the agency.)
- Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 143 F. Supp. 2d 7 (D.D.C. 2001).published (The complete administrative record consists of all documents and materials directly or indirectly considered by the agency.)
- Ammex, Inc. v. United States, 62 F. Supp. 2d 1148 (Ct. Int'l Trade 1999).published ([A]s long as Defendants submitted all documents and information considered and developed at all three stages of the [agency’s] decision and review process, nothing more and nothing less, the Administrative Record submi…)
- Bd. of Trs. of the United Food & Com. Workers Unions & Employers Pension Plan v. Pension Benefit Guar. Corp., No. 2:25-cv-01291 (E.D. Wis. May 21, 2026).Ind. 1996) (quoting Bar MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993)).
Show 76 more citing cases
- Milwaukee Inner City Congregations Allied for Hope v. US Dep't of Transp., No. 2:24-cv-01043 (E.D. Wis. Jan. 28, 2026).Ind. 1996) (quoting Bar Mk Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993)).
- Doe v. U.S. Immigr. & Customs Enf't, No. 1:23-cv-00971 (D.N.M. Mar. 14, 2025).“is generally based on the full administrative record that was before all decision makers . . . at the time of the decision”
- Hamrick v. Fed. Bureau of Prisons, No. 1:23-cv-01098 (D. Colo. Nov. 12, 2024). Bar MK Ranches v. Yuetter, 994 F.2d 735, 740 (10th Cir. 1993); see also Shinseki v. Sanders, 556 U.S. 396, 409 (2009) (holding that burden of showing prejudice “normally” falls on party challenging agency action).
- Roe v. Mayorkas, No. 1:22-cv-10808 (D. Mass. Oct. 2, 2024). A party may also move to complete the record. “[T]he designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative regularity.” Oceana, Inc. v. Ross, 920 F.3d 855, 8…
- Savannah River Site Watch v. United States Dep't of Energy, No. 1:21-cv-01942 (D.S.C. Sept. 30, 2024).“The district court must have before it the ‘whole record’ on which the agency acted”
- Sierra Club v. United States Army Corps of Engineers, No. 2:20-cv-00396 (D. Me. Sept. 26, 2023). It would be quite odd to require a different procedure in agency review cases, particularly since “the designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative…
- Sierra Club v. United States Army Corps of Engineers, No. 2:20-cv-00396 (D. Me. July 5, 2023).“all documents and materials directly or indirectly considered by the agency”
- Schroeder v. United States Dep't of Vets. Affairs, The, 673 F. Supp. 3d 1204 (D. Kan. 2023).publishedCtr. v. U.S. Fish & Wildlife Serv., 40 F.4th 1133 , 1160 (10th Cir. 2022) (quoting Bar MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993)). “‘The complete administrative record consists of all documents and materials directly or ind…
- Save the Colorado v. Semonite, No. 1:18-cv-03258 (D. Colo. Mar. 7, 2023).“the focal point for judicial review should be the administrative record already in existence, not some new record made initially in the reviewing court”
- Sierra Club v. United States Army Corps of Engineers, No. 2:20-cv-00396 (D. Me. July 26, 2022).“all documents and materials directly or indirectly considered by the agency”
- Rocky Mountain Peace & Just. Ctr. v. United States Fish & Wildlife Serv., 40 F.4th 1133 (10th Cir. 2022).published“is generally based on the full administrative record that was before all decision makers”
- Clinch Coalition v. United States Forest Serv., 597 F. Supp. 3d 916 (W.D. Va. 2022).publishedBar _7- MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993).
- Awan v. Douglas, No. 2:21-cv-00163 (D. Utah Jan. 24, 2022).“The complete administrative record consists of all documents and materials directly or indirectly considered by the agency”
- Clinch Coalition v. United States Forest Serv., No. 2:21-cv-00003 (W.D. Va. Dec. 6, 2021).Bar MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993); Pac.
- Friends of Animals v. United States Fish & Wildlife Serv., No. 4:18-cv-00053 (D. Utah Sept. 28, 2021).Overton Park v. Volpe, 401 U.S. 402, 420 (1971). 29 Bar MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993). 30 Docket Text Order Denying [41] Motion to Compel; Order Overruling Objection; Order for Supplementation.
- TransWest Express LLC v. Perdue, No. 1:19-cv-03603 (D. Colo. July 7, 2021).“all documents and materials directly or indirectly considered by the agency”
- Blanca Tel. Co. v. FCC, 991 F.3d 1097 (10th Cir. 2021).published“generally based on the full administrative record that was before all decision makers”
- Taylor Energy Co. v. United States, No. 2020-1086 (D.D.C. Feb. 15, 2021).publishedAnd “if the agency decisionmaker based his decision on the work and recommendations of subordinates, those materials should be included as well.” Id. (citing Bar MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir. 1993)).
- Friends of Animals v. United States Fish & Wildlife Serv., No. 4:18-cv-00053 (D. Utah Dec. 22, 2020). In American Mining Congress v. Thomas, the Tenth Circuit outlined five justifications for supplementation: (1) the agency action is not adequately explained and cannot be reviewed properly without considering the cited materials; (2) the r…
- Ammex, Inc. v. United States, 2003 CIT 165 (Ct. Int'l Trade 2003).published
- Miami Nation of Indians of Indiana v. Babbitt, 979 F. Supp. 771 (N.D. Ind. 1996).published
- Colorado Wild Horse & Burro Coalition, Inc. v. Kempthorne, 571 F. Supp. 2d 71 (D.D.C. 2008).published
- Somerset Pharm., Inc. v. Shalala, 973 F. Supp. 443 (D. Del. 1997).published
- Kane Cnty. v. Kempthorne, 495 F. Supp. 2d 1143 (D. Utah 2007).published
- Calloway v. Harvey, 590 F. Supp. 2d 29 (D.D.C. 2008).published
- One Thousand Friends of Iowa v. Mineta, 250 F. Supp. 2d 1075 (S.D. Iowa 2002).published
- Pac. Shores Subdivision California Water Dist. v. United States Army Corps of Engineers, 448 F. Supp. 2d 1 (D.D.C. 2006).published
- Wyoming v. United States Dep't of Agric., 239 F. Supp. 2d 1219 (D. Wyo. 2002).published
- Merritt Parkway Conservancy v. Mineta, 424 F. Supp. 2d 396 (D. Conn. 2006).published
- Diné Citizens Against Ruining Our Env't v. Klein, 747 F. Supp. 2d 1234 (D. Colo. 2010).published
- Fund for Animals v. Williams, 391 F. Supp. 2d 191 (D.D.C. 2005).published
- Cape Cod Hosp. v. Sebelius, 677 F. Supp. 2d 18 (D.D.C. 2009).published
- Ctr. for Biological Diversity v. Norton, 411 F. Supp. 2d 1271 (D.N.M. 2005).published
- Fund for Animals v. Williams, 245 F. Supp. 2d 49 (D.D.C. 2003).published
- Ad Hoc Metals Coalition v. Whitman, 227 F. Supp. 2d 134 (D.D.C. 2002).published
- Wildearth Guardians v. United States Forest Serv., 713 F. Supp. 2d 1243 (D. Colo. 2010).published
- Ctr. for Native Ecosystems v. Salazar, 711 F. Supp. 2d 1267 (D. Colo. 2010).published
- Maritel, Inc. v. Collins, 422 F. Supp. 2d 188 (D.D.C. 2006).published
- Styrene Info. & Rsch. Ctr., Inc. v. Sebelius, 851 F. Supp. 2d 57 (D.D.C. 2012).published
- Earthworks v. U.S. Dep't of the Interior, 279 F.R.D. 180 (D.D.C. 2012).published
- Davis v. Pension Benefit Guar. Corp., 815 F. Supp. 2d 283 (D.D.C. 2011).published
- Cape Cod Hosp. v. Leavitt, No. 2008-1751 (D.D.C. Dec. 22, 2009).published
- Ron Peterson Firearms, LLC v. Jones, 760 F.3d 1147 (10th Cir. 2014).published
- United States v. United States Dist. Court, 875 F.3d 1200 (9th Cir. 2017).published
- Oceana, Inc. v. Ross, No. 2017-0829 (D.D.C. Feb. 21, 2018).published
- Bazzi v. United States Dep't of the Treasury Off. of Foreign Assets Control, No. 2019-0484 (D.D.C. Sept. 23, 2020).published
- Douglas Env't Assocs., Inc. v. Dep't of Env't Prot., 429 Mass. 71 (1999).published
- Ammex, Inc. v. United States, 27 Ct. Int'l Trade 1811 (Ct. Int'l Trade 2003).published
- Sierra Club v. United States Dep't of Energy, 26 F. Supp. 2d 1268 (D. Colo. 1998).published
- Nat. Resources Def. Council v. Pritzker, 62 F. Supp. 3d 969 (N.D. Cal. 2014).published
- Sisseton-Wahpeton Oyate of Lake Traverse Reservation v. United States Corps of Engineers, 124 F. Supp. 3d 958 (D.S.D. 2015).published
- Georgia Aquarium, Inc. v. Pritzker, 134 F. Supp. 3d 1374 (N.D. Ga. 2014).published
- La Union del Pueblo Entero v. Fed. Emergency Mgmt. Agency, 141 F. Supp. 3d 681 (S.D. Tex. 2015).published
- GeorgiaCarry.org, Inc. v. U.S. Army Corps of Engineers, 212 F. Supp. 3d 1348 (N.D. Ga. 2016).published
- Miami Nation of Indians v. Babbitt, 55 F. Supp. 2d 921 (N.D. Ind. 1999).published
- Colorado Rail Passenger Ass'n v. Fed. Transit Admin., 843 F. Supp. 2d 1150 (D. Colo. 2011).published
- Comprehensive Cmty. Dev. Corp. v. Sebelius, 890 F. Supp. 2d 305 (S.D.N.Y. 2012).published
- Water Supply & Storage Co. v. United States Dep't of Agric., 910 F. Supp. 2d 1261 (D. Colo. 2012).published
- Pinnacle Armor, Inc. v. United States, 923 F. Supp. 2d 1226 (E.D. Cal. 2013).published
- MidAmerican Commc'ns Corp. v. U.S. West Commc'ns, Inc., 857 F. Supp. 772 (D. Colo. 1994).published
- Jarita Mesa Livestock Grazing Ass'n v. United States Forest Serv., 305 F.R.D. 256 (D.N.M. 2015).published
- Town of Superior, The v. United States Fish & Wildlife Serv., No. 1:18-cv-01746 (D. Colo. Sept. 19, 2019).
- Citizens for Constitutional Integrity v. USA, No. 1:21-cv-00923 (D. Colo. Oct. 28, 2022).
- Cross-Valliant Cellular P'ship v. USDA, No. 6:20-cv-00334 (E.D. Okla. July 26, 2021).
- South Carolina Coastal Conservation League v. Ross, 431 F. Supp. 3d 719 (D.S.C. 2020).published
- South Carolina Coastal Conservation League v. United States Army Corps of Engineers Charleston Dist., 611 F. Supp. 3d 136 (D.S.C. 2020).published
- Goose Creek Physical Med., LLC v. Becerra, No. 2:22-cv-03932, 2024 WL 942918 (D.S.C. Mar. 5, 2024).
- WildEarth Guardians v. Haaland, No. 2:16-cv-00168 (D. Utah July 8, 2019).
- WildEarth Guardians v. Haaland, No. 2:16-cv-00168 (D. Utah Dec. 21, 2020).
- South Carolina Coastal Conservation League v. United States Army Corps of Engineers, No. 2:22-cv-02727 (D.S.C. Jan. 30, 2025).
- C.L.F. v. US Fed’l Hwy Admin., 2006 DNH 090 (D.N.H. 2006).published
- Conservation Law Fdn. v. Highways, 2006 DNH 078 (D.N.H. 2006).published
- Noem, No. 8:25-cv-01484 (D. Md. Dec. 8, 2025).
- Sherer v. United States Forest Serv., 727 F. Supp. 2d 1080 (D. Colo. 2010).published
- Rocky Mountain Wild, Inc. v. United States Forest Serv., 878 F.3d 1258 (10th Cir. 2018).published
- Powder River Basin Res. Council v. Jewell, 358 F. Supp. 3d 1238 (D. Wyo. 2018).published
At page 738 Deference to agency interpretation of its own regulations28 citing cases“unreasonable, plainly erroneous, or inconsistent with the regulation's plain meaning.”
- Ryle v. Apfel, No. 00-7041 (10th Cir. Nov. 30, 2000).unpublished
- St. Anthony Hosp. v. United States Dep't of Health & Human Servs., 309 F.3d 680 (10th Cir. 2002).published
- Utah Env't Cong. v. Bosworth ex rel. Forest Serv., 372 F.3d 1219 (10th Cir. 2004).published
- Utah Env't Cong. v. Bosworth, 443 F.3d 732 (10th Cir. 2006).published
- Utah Env't Cong. v. Troyer, 479 F.3d 1269 (10th Cir. 2007).published
- Utah Env't Cong. v. Richmond, 483 F.3d 1127 (10th Cir. 2007).published
- Wilderness Workshop v. United States Bureau of Land Mgmt., 531 F.3d 1220 (10th Cir. 2008).published
- Arizona Pub. Serv. Co. v. United States Env't Prot. Agency, 562 F.3d 1116 (10th Cir. 2009).published
- Lewis v. Babbitt, 998 F.2d 880 (10th Cir. 1993).published
- United States v. Jenks, 22 F.3d 1513 (10th Cir. 1994).published
Show 14 more citing cases
- Osborne v. Babbitt, 61 F.3d 810 (10th Cir. 1995).published
- Fort Sumter Tours, Inc. v. Babbitt, 66 F.3d 1324 (4th Cir. 1995).published
- Myles C. Culbertson v. United States Dep't of Agric., 69 F.3d 465 (10th Cir. 1995).published
- Paul's Beauty Coll. v. United States, 885 F. Supp. 1468 (D. Kan. 1995).published
- Wildearth Guardians v. United States Forest Serv., 668 F. Supp. 2d 1314 (D.N.M. 2009).published
- McKown v. United States Dep't of Agric., 276 F. Supp. 2d 1201 (D.N.M. 2003).published
- Friends of Pioneer Street Bridge Corp. v. Fed. High. Admin., 150 F. Supp. 2d 637 (D. Vt. 2001).published
- Forest Guardians v. US Forest Serv., 180 F. Supp. 2d 1273 (D.N.M. 2001).published
- Ecology Ctr., Inc. v. Russell, 361 F. Supp. 2d 1310 (D. Utah 2005).published
- S. Utah Wilderness All. v. Norton, 277 F. Supp. 2d 1169 (D. Utah 2003).published
- Utah Env't Cong. v. Bosworth, 285 F. Supp. 2d 1257 (D. Utah 2003).published
- Colorado Wild v. United States Forest Serv., 299 F. Supp. 2d 1184 (D. Colo. 2004).published
- Kreso v. McDonald, 631 F. App'x 519 (10th Cir. 2015).unpublished
- Kreso v. Shinseki, 67 F. Supp. 3d 1235 (D. Colo. 2014).published
v.
Clayton YUETTER, Secretary of Agriculture F. Dale Robertson, Chief of the Forest Service, U.S. Dept. of Agriculture United States of America
Plaintiffs appeal the district court’s order granting summary judgment for Defendants in Plaintiffs’ action for review of a Forest Service administrative decision. Plaintiffs contend that the district court erred in upholding the administrative action because Defendants failed to comply with their own agency appeal record regulations in arriving at the administrative decision . and that the Administrative Record filed with the district court was improperly developed.[1] We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
I.
Plaintiffs are a group of landowners who hold national forest grazing permits. On February 25, 1987, the Forest Supervisor authorized the transplant of 150 elk to National Forest System land located on the Manti-LaSal National Forest near Monticello, Utah. Pursuant to the procedure set out in 36 C.F.R. § 211.18(f) (1987),[2] Plaintiffs appealed the decision to the Intermountain Regional Forester, contesting the order, and the appeals were consolidated for administrative review.
On January 15, 1988, the Regional Forester advised Plaintiffs that the agency appeal record was closed as of December 20, 1987. However, after finding the agency appeal record inadequate, the Regional Forester suspended the appeals process and asked the Forest Supervisor to provide supplemental information. See 36 C.F.R. § 211.18(q). Plaintiffs were given an opportunity to review and comment on the new information. On March 25, 1988 the Regional Forester affirmed the Forest Supervisor’s decision.
Plaintiffs then filed their second level administrative appeal with the Chief of the Forest Service. See id. § 211.18(f)(1)(H). On April 22, 1988, Plaintiffs’ attorney was provided with the agency appeal' record, and on May 12, 1988, the Regional Forester[*738] transmitted the agency appeal record to the Chief. On December 7, 1988, the Chief closed the second level agency appeal record, and on January 30, 1989, Plaintiffs were informed that the Chief had affirmed the decision. The Secretary of Agriculture subsequently declined discretionary review, and the decision became final. See id. § 211.-18(f)(3), (6).
On February 8, 1989, Plaintiffs filed the present action in district court seeking judicial review of the Forest Service decision to transplant the elk. On September 28, 1990, Defendants filed their Administrative Record and a motion for summary judgment with the district court. Plaintiffs filed a motion to reject the Administrative Record and to strike Defendants’ motion for summary judgment on the grounds that the Forest Service had failed to comply with its own regulations concerning the development of the agency appeal record and that the Administrative Record was inadequately developed. The district court concluded that the Forest Service had properly adhered to its own regulations and that the Administrative Record was adequate to evaluate the agency’s decision and denied Plaintiffs’ motion. Plaintiffs were instructed to respond to Defendants’ motion for summary judgment within thirty days. In their response memorandum, Plaintiffs declined to respond to the motion for summary judgment, and elected instead to rely only on an appeal to this court on the agency appeal record and Administrative Record issues. On April 7, 1992, the district court granted Defendants’ motion for summary judgment.
n.
Plaintiffs challenge the district court’s adoption of the Forest Service’s interpretation of 36 C.F.R. § 211.18(r). This regulation provides: “[a]n appeal decision will be based only on the record.” Plaintiffs allege that the Forest Service violated § 211.18(r) by considering information outside the agency appeal record in reaching its decision. Plaintiffs support this claim by pointing to the Administrative Record filed in the district court which contains more evidentiary material than, was contained in the agency appeal record developed by the Regional Forester and the Chief during the administrative review process. Plaintiffs request that we remand the case to the Forest Service with instructions to follow the regulation. We review the district court’s interpretation of § 211.18(r) de novo. Dodson v. Zelez, 917 F.2d 1250, 1255 (10th Cir.1990).
While we agree with Plaintiffs that agencies are required to follow their own regulations, see United States v. Nixon, 418 U.S. 683, 694-96, 94 S.Ct. 3090, 3100-01, 41 L.Ed.2d 1039 (1974); Edwards v. Califano, 619 F.2d 865, 869 (10th Cir.1980), we also note that an agency’s interpretation of its own regulations, including its procedural rules, is entitled to great deference, City of Gillette, Wyoming v. FERC, 737 F.2d 883, 884-85 (10th Cir.1984). We will only reject an agency’s interpretation if it is unreasonable, plainly erroneous, or inconsistent .with the regulation’s plain meaning. Id. at 885; Downtown Medical Center/Comprehensive Health Care Clinic v. Bowen, 944 F.2d 756, 768 (10th Cir.1991).
The Forest Service construes its regulations as requiring that the Deciding Officer forward only those documents which are relevant to the agency appeal issues to the Reviewing Officer, making the record considered by the Deciding Officer different from the one developed later during the agency review process. 36 C.F.R. § 211.18(p), (q). We agree and hold that the agency’s interpretation is reasonable and consistent with the regulation’s plain meaning.
First, the plain language of the regulation refers to appeal decisions, not to all decisions. Therefore, § 211.18(r) speaks only to the procedure which must be followed during agency review and says nothing with regard to the procedures the Deciding Officer is obligated to follow in making the initial decision. Second, reading § 211.18(r) in conjunction with § 211.18(p), further supports the Forest Service’s construction. Under § 211.18(p), the agency appeal record is defined as:
- a distinct set of identifiable documents directly concerning the appeal, including, but not limited to, notices of ap[*739]peal, comments, statements of reasons, responsive statements, procedural determinations, correspondence, summaries of oral presentations and related documents, appeal decisions, and other information the Reviewing Officer may consider necessary to reach a decision.
Id. (emphasis added). It is apparent from this regulation that the Deciding Officer is not required to forward to the initial Reviewing Officer all information that he had before him in making the decision. Instead, he need only forward selected documents that he considers relevant to the appeal issues. Thereafter, the agency appeal record can be supplemented by additional information from both parties before the record is closed. 36 C.F.R. § 211.18(p). If the Reviewing Officer considers the agency appeal record inadequate to affirm or reverse the decision, he can suspend the appeals process and request additional information. 36 C.F.R. § 211.-18(q). Consequently, the agency appeal record is usually different than the record considered by the Deciding Officer, including some items that were not before the Deciding Officer and excluding some items that were before him. As a result, the fact that the Administrative Record contained more eyidentiary material than the agency appeal record is not evidence that the Forest Service violated § 211.18(r).[3]
III.
Plaintiffs next allege that imperfections in the Administrative Record filed with the district court kept the court from adequately reviewing the Forest Service’s actions. Plaintiffs claim that the Administrative Record is both overinclusive and underinclusive, including some documents not considered by the agency and failing to include other documents that were considered by the agency.
A district court reviews an agency action to determine if it was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). A review under this standard is •generally based oh the .full administrative record that was before all decision makers, including in this case the Deciding Officer and the Reviewing Officers, at the time of the decision. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 420, 91 S.Ct. 814, 825, 28 L.Ed.2d 136 (1971). The district court must have before it the “whole record” on which the agency acted. Appalachian Power Co. v. EPA, 477 F.2d 495, 507 (4th Cir.1973). See also Overton Park, 401 U.S. at 419, 91 S.Ct. at 825. “[T]he focal point for judicial review should be the administrative record already in existence, not. some new record made initially in the reviewing court.” Camp v. Pitts, 411 U.S. 138,142, 93 S.Ct. 1241, 1244, 36 L.Ed.2d 106 (1973). The complete administrative record consists of all documents and materials directly or indirectly considered by the agency. Lloyd v. Illinois Regional Transp. Authority, 548 F.Supp. 575, 590 (N.D.Ill.1982); Tenneco Oil Co. v. Department of Energy, 475 F.Supp. 299, 317 (D.Del.1979).
The “whole record” in this case consists of all documents and materials considered by the Forest Supervisor (the Deciding Officer) in making his initial decision, as well as all documents and materials contained in the agency appeal record as developed throughout the agency review process by the Regional Forester and the Chief (the Reviewing Officers). Therefore, as long as Defendants submitted all documents and information considered and developed at all three stages of the Forest Service’s decision and review process, nothing more and nothing less, the Administrative Record submitted to the district court was correct.
An agency may not unilaterally determine what constitutes the Administrative Record, Tenneco Oil, 475 F.Supp. at 317,[*740] nor can the agency supplement the Administrative Record submitted to the district court with post hoc rationalizations for its decision, American Textile Mfrs. Inst., Inc. v. Donovan, 452 U.S. 490, 539, 101 S.Ct. 2478, 2505, 69 L.Ed.2d 185 (1981); Citizens to Preserve Overton Park, 401 U.S. at 419, 91 S.Ct. at 825. However, the designation of the Administrative Record, like any established administrative procedure, is entitled to a presumption of administrative regularity. Wilson v. Hodel, 758 F.2d 1369, 1374 (10th Cir.1985). The court assumes the agency properly designated the Administrative Record absent clear evidence to the contrary. See id. When a showing is made that the record may not be complete, limited discovery is appropriate to resolve that question. Tenneco Oil, 475 F.Supp. at 317. The harmless error rule applies to judicial review of administrative proceedings, and errors in such administrative proceedings will not require reversal unless Plaintiffs can show they were prejudiced. All Indian Pueblo Council v. United States, 975 F.2d 1437, 1443 (10th Cir.1992) (citing 5 U.S.C. § 706 which states that “due account shall be taken for the rule of prejudicial error” in judicial review of agency action).
The Forest Service submitted sworn affidavits that the Administrative Record filed in the district court was properly designated, and Plaintiffs have failed to carry their burden of clearly establishing that the Administrative Record was improperly designated. Although Plaintiffs allege and can verify that certain documents included in the Administrative Record filed with the district court were not included in the agency appeal record, they fail to allege facts to show that these documents were not part of the materials considered by the Deciding Officer. Furthermore, Plaintiffs stipulated in a March 6, 1991 pretrial order that no further discovery was necessary to complete the Administrative Record. -Therefore, the presumption of regularity in the Administrative Record applies.
Even if some of the documents were inappropriately included in the Administrative Record, Plaintiffs have failed to show how they were prejudiced by these documents. Plaintiffs have alleged that the Forest Service submitted documents to the district court as post hoc rationalizations for the decision. However, Plaintiffs fail to show how these alleged post hoc rationalizations prejudice them. See 5 U.S.C. § 706 (requiring showing of prejudice); All Indian Pueblo Council, 975 F.2d at 1443 (same). Although allegations of a post hoc addition to the Administrative Record sufficiently alleges procedural error, an allegation of a post hoc addition does not in itself sufficiently allege prejudice.
AFFIRMED. .
The record filed in the district court by the Forest Service for judicial review of the Forest Service’s decision is referred to in this opinion as the Administrative Record. The record developed through the internal agency review process is referred to as the agency appeal record.
All cites to 36 C.F.R. § 211.18 are cites to the regulations as written in 1987, when the Forest Service issued its initial decision and when Plaintiffs first filed for administrative review.
Plaintiffs, in one sentence of their lengthy brief, also make a conclusory allegation that 36 C.F.R. § 211.18(p) and (r), if interpreted as we do above, violate their procedural due process rights. Plaintiffs state that their due process rights were violated because they were denied the opportunity to address some of the evidence on which the Forest Service relied. We do not address this claim, however, because Plaintiffs provide no legal or factual support for this assertion. See Boone v. Carlsbad Bancorporation, Inc., 972 F.2d 1545, 1554 n. 6 (10th Cir.1992) (court refused to consider due process challenge where .appellants merely mentioned an undefined constitutional claim in their opening brief without any supporting argument or authorities).