ELR Citation: 50 ELR 20053
No(s). 18-1374 (10th Cir. Mar 2, 2020)

The Tenth Circuit held that the Forest Service's decision to eliminate an alternative from its study of an exception to the Colorado Roadless Rule that allowed coal mining on previously protected national forest land near the North Fork of the Gunnison River was arbitrary and capricious. Environmental groups argued the Service violated NEPA by unreasonably eliminating an alternative from detailed study in its supplemental EIS that would prohibit mining in one roadless area but permit it in two other roadless areas. The district court found that the Service determined the alternative would foreclose long-term opportunities in a way inconsistent with the exception's goals, and thus held that the Service reasonably declined to give detailed consideration to the alternative. The appellate court found the Service's explanation—that the alternative would protect more land and provide access to fewer tons of coal than reinstating the entire exception—was relevant to only one of the Service's established objectives, providing for long-term coal exploration and mining opportunities, and failed to address its other objective of providing management direction for conserving roadless areas in Colorado. Because the Service's explanation for eliminating the alternative was inconsistent with its stated purpose, the court concluded its action was arbitrary and capricious. It therefore vacated the district court's ruling and remanded, 2-1, with instructions to vacate the exception.