ELR Citation: 41 ELR 20306
No(s). 4:08-CV-516 (D. Idaho Sep 28, 2011) (Winmill, J.)

A district court held that BLM's EISs associated with the Craters of the Moon and Pinedale resource management plans (RMPs) failed to adequately analyze impacts to the sage-grouse in violation of NEPA. The Craters of the Moon EIS did not discuss in any manner alternatives that reduced grazing short of a total ban even though grazing was found to be a major contributing factor to the decline of sage grouse habitat. It did discuss, but refused to analyze, a no grazing alternative. The EIS also failed to address the BLM's Special Status Species Policy and the National Sage-Grouse Habitat Conservation Strategy. Under these circumstances, the EIS' failure to consider any alternative that would have reduced grazing violates NEPA's requirement that it rigorously explore all reasonable alternatives. In addition, BLM's failure to analyze a "no grazing" alternative was arbitrary and capricious. As for the Pinedale EIS, it discussed generally how energy development and grazing would contribute to the decline of the sage-grouse without identifying how or where those impacts would occur. While the EIS data showed that nearly one-third of the allotment acres failed to meet rangeland health standards due to grazing, there was no discussion in the EIS of that data, or how it would "synergistically interact" with energy development to affect the sage-grouse. The cumulative impacts of energy development are critical to sage-grouse. Thus, the Pinedale EIS failed to conduct a proper cumulative impact analysis in violation of NEPA.