ELR Citation: 54 ELR 20150
No(s). 23-8081 (10th Cir. Oct 28, 2024)

The Tenth Circuit, 2-1, reversed a district court ruling in a challenge to the Forest Service's approval of a 2020 management plan amendment for the Thunder Basin National Grassland in northeastern Wyoming. Conservation groups had argued the amendment failed to comply with the ESA and NEPA. The district court found the Service did not violate its conservation duty under the ESA with respect to the black-footed ferret and black-tailed prairie dog populations, and complied with NEPA by creating a "purpose and need" statement that was not unreasonably narrow, analyzing a reasonable range of alternatives, and taking a "hard look" at the combined effects of lethal control actions. The appellate court found the Service failed to provide a sufficient purpose and need statement, failed to consider a reasonable range of alternatives, and failed to take a hard look at the combined effects of decreased acreage objectives, density control, plague, poison, and recreational shooting. It reversed the district court ruling and remanded for further proceedings.