ELR Citation: 53 ELR 20073
No(s). 22-15259 (9th Cir. May 5, 2023)

In an unpublished opinion, the Ninth Circuit reversed summary judgment for the Forest Service in a challenge to its authorization of cattle grazing on allotments in Tonto National Forest. A group representing property owners in the area challenged the authorization on NEPA and National Forest Management Act (NFMA) grounds. A district court held the Service complied with NEPA's procedural requirements when it prepared an EA and issued a FONSI, and that the grazing plan complied with NFMA because it was consistent with the Tonto Forest Plan. The appellate court declined to reach the NFMA claim, but found the Service violated NEPA by inadequately considering and inadequately explaining the potential effects of the grazing. It granted the group's request to partially vacate the EA and accompanying decision notice, and remanded to the district court to enter an order directing the Service to determine whether to prepare a new EA or an EIS.