ELR Citation: 55 ELR 20115
No(s). CV 24-37-M-KLD (D. Mont. Aug 19, 2025) (DeSoto, J.)

A district court granted the Forest Service's motion to remand without vacatur a challenge to its approval of a telecommunications project in Beaverhead-Deerlodge National Forest. Conservation groups argued the approval violated NEPA by failing to adequately scope the project and to provide the public an opportunity to comment, and improperly applying the categorical exclusion for "repair and maintenance of administrative sites"; and violated the National Forest Management Act by not complying with the forest plan. The Service moved for voluntary remand without vacatur. The court found the main procedural errors alleged were easily remedied on remand and not so serious as to weigh in favor of vacatur. It further found the Service met its burden of demonstrating that the disruptive consequences of vacatur outweighed the seriousness of its alleged errors. The court granted the motion and ordered the Service to complete the NEPA process within two years.