ELR Citation: 55 ELR 20056
No(s). 24-1187 (10th Cir. May 9, 2025)

The Tenth Circuit reversed a district court decision denying a challenge to the Forest Service's decision to open new domestic sheep grazing allotments in Rio Grande National Forest. An environmental group argued the allotments posed a high risk to local populations of Rocky Mountain bighorn sheep, which are vulnerable to catching diseases from domestic sheep, and that the Service's approval violated NEPA. The district court determined the Service did not violate NEPA and denied summary judgment for the group. The appellate court found the Service violated NEPA by relying on local factors and project design criteria to supplant the "risk of contact model" result and failing to take a hard look at cumulative impacts to neighboring bighorn sheep herds. It reversed the district court's decision and remanded to the district court to determine the appropriate remedy.