ELR Citation: 53 ELR 20105
No(s). 21-4098 (10th Cir. Jul 10, 2023)

The Tenth Circuit affirmed denial of conservation groups' claims in a lawsuit concerning the Bureau of Reclamation's decision to sign a water contract allowing the state of Utah to draw from reservoir releases rather than the Green River and its tributaries. The groups argued the Bureau violated NEPA by failing to adequately support its EA conclusions and failing to prepare an EIS. A district court found the NEPA analysis was not arbitrary and capricious, that the agency took a "hard look" at cumulative impacts, and that it properly determined an EIS was not required. The appellate court agreed, finding the Bureau took a hard look at the environmental impacts to hydrology and fish resources, that its no-action alternative used an appropriate environmental baseline to analyze potential impacts, and that it reasonably concluded the contract would not have a significant effect on the environment and that an EIS was not needed.