ELR Citation: 54 ELR 20039
No(s). 23-1093 (10th Cir. Mar 11, 2024)

The Tenth Circuit affirmed dismissal of an environmental group's petition to review FWS' revised land management plan for the Rio Grande National Forest. The group argued FWS' biological opinion (BiOp), which concluded the plan would not likely jeopardize the Canada lynx's continued existence, failed to adequately address conclusions about the species' subpopulation from a 2017 species status assessment (SSA), acted arbitrarily and contrary to best available science in describing the northern part of the forest as "low-use" habitat, and inadequately analyzed the plan's impact on lynx in "low-use" and "high-use" habitat. The district court found the BiOp complied with the ESA and APA and dismissed the petition. The appellate court found FWS did not arbitrarily fail to consider the 2017 SSA, made a reasoned decision to describe the northern part of the forest as "low-use", and reasonably considered how the Forest Service's changes in standards for low-use and high-use areas would affect the lynx. It affirmed the district court's denial of the petition.