ELR Citation: 55 ELR 20050
No(s). 23-2944 (9th Cir. Apr 21, 2025)

The Ninth Circuit affirmed in part and vacated in part summary judgment for USDA's Wildlife Services in a challenge to the authorization of a predator damage and conflict management program in Nevada wilderness areas. Environmental groups argued the program violated the Wilderness Act because predator damage management (PDM) was supporting grazing operations and as such conducted a commercial enterprise that was barred by the Act. They also argued that the EA and FONSI the Services issued violated NEPA by failing to take the required "hard look" and failing to provide a convincing statement why the program's impacts were insignificant. The court found lethal PDM was permissible in wilderness areas when conducted in support of preexisting grazing operations, but that the Services failed to adequately examine (1) potential impacts of the program on a local scale, on public health, and to sensitive and unique areas, and (2) scientific uncertainty concerning lethal PDM. It affirmed summary judgment for the Services on the Wilderness Act claim, but vacated it with respect to NEPA, and remanded to the district court to direct the Services to reconsider whether to produce either a revised EA or an EIS.