Case Summary
Issue:
Whether the U.S. Forest Service violated the National Environmental Policy Act (NEPA) by relying on a categorical exclusion established by Congress in reauthorizing grazing permits on land managed by the Forest Service?
Plaintiff:
Western Watershed Project and Center for Biological Diversity
Defendant:
U.S. Forest Service
Intervenor:
Arizona Cattle Growers’ Association, Public Lands Council, Orme Ranch, Inc., and Bert Teskey, all represented by MSLF
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Case History
In fiscal years 2005 through 2007, the Forest Service, without conducting environmental reviews pursuant to NEPA, reauthorized several grazing permits on lands managed by the Forest Service. On August 15, 2011, the Western Watersheds Project and the Center For Biological Diversity filed a lawsuit alleging that 17 of the reauthorizations—seven in the Coconino National Forest in Arizona, three in the Kaibab National Forest in Arizona, six in the Prescott National Forest in Arizona, and one in the Coronado National Forest in New Mexico—violated the NEPA because the Forest Service did not prepare full-blown environmental impact statements (EISs). The lawsuit was filed despite the clear intent of Congress that the Forest Service is not required to do the reviews.
Beginning in 1995, Congress enacted legislation to address its concern that the inability of the Forest Service to complete NEPA analyses on expiring term grazing permits would delay renewal of the permits to the detriment of the western ranchers involved. Specifically, Congress sought to reduce the amount of documentation and expense required to conduct NEPA. In 2003, Congress strengthened these protections of ongoing livestock grazing by directing that term grazing permits shall remain in effect pending compliance with NEPA. Then, in 2005, Congress directed that reauthorization of grazing permits is “categorically excluded” from documentation under NEPA if the Forest Service makes certain determinations. The total number of allotments reauthorized under the provision may not exceed 900. On November 4, 2011, MSLF’s clients sought the right to and were granted the right to intervene.
