ELR Citation: 52 ELR 20086
No(s). 21-1310 (10th Cir. Jul 19, 2022)

The Tenth Circuit affirmed dismissal of a challenge to FWS' 2018 decision to modify certain trails in the Rocky Flats National Wildlife Refuge. Community groups argued the modifications were significant and that FWS failed to prepare a supplemental EIS and relied on categorical exclusions based on an incorrect conclusion that the changes were not extraordinary, and violated the ESA by failing to adequately consult with relevant agencies regarding the Preble's meadow jumping mouse. A district court denied the groups' NEPA claims, dismissed their ESA claim for lack of standing, and denied their motion for preliminary injunction for failure to show irreparable harm. The appellate court found the groups failed to allege a link between the trail modifications and a detrimental impact on the Preble's mouse or its habitat, and affirmed dismissal of their ESA claim. It further found FWS' conclusion that no extraordinary circumstances existed and determination that no significant new circumstances compelled a supplemental EIS were neither arbitrary nor capricious, and affirmed denial of their NEPA claims.