ELR Citation: 54 ELR 20138
No(s). 3:23-CV-3012 (W.D. Ark. Sep 30, 2024) (Brooks, J.)

A district court denied summary judgment for an environmental group in a challenge to the Forest Service's approval of a tree-thinning project in Ozark National Forest. The group argued the Service violated NEPA by failing to take a "hard look" at certain environmental issues and failing to prepare an EIS or supplemental EA, and that the Service should have given the public an opportunity to comment on new, significant developments that occurred after the EA was published. The court found the Service took a hard look at impacts on land and water in and around the project area, water quality, and the need to protect the Indiana bat. It further found the Service's decision not to prepare an EIS or supplemental EA was not arbitrary and capricious, and that the group's claim concerning public comment lacked merit. It denied summary judgment for the group and granted the Service's cross-motion.