ELR Citation: 50 ELR 20033
No(s). 18-2481-cv (2d Cir. Feb 3, 2020)

The Second Circuit affirmed denial of a challenge to NPS' approval of a white-tailed deer management plan for the Fire Island National Seashore. An animal rights group argued that NPS violated NEPA because it lacked information about deer movement on the island that was essential to the decisionmaking process. The court found that while the data could be helpful, it was not essential to a reasoned choice among alternatives and thus NPS was not required to obtain it. The group also argued that the Service's decision to set an islandwide target deer density was not supported by evidence in the record and expert recommendations. The court found there was evidence that the target density level furthered the plan's objectives to protect native vegetation and promote its natural regeneration, and that experts recognized the approach would provide flexibility to manage the deer population through adaptive management and to adjust the density level depending on whether the Service was achieving its goals. It thus concluded that NPS presented a rational basis for setting an islandwide target density level. Lastly, the group argued that NPS violated NEPA by failing to adequately consider all of the reasonable alternatives, namely one that did not include reducing the deer population. The court found that the group's proposed alternative failed to further the plan's vegetation objectives and thus that NPS was not required to consider it. It therefore affirmed denial of plaintiffs' motion for summary judgment.