ELR Citation: 55 ELR 20165
No(s). CV 24-66-M-DWM (D. Mont. Dec 15, 2025) (Molloy, J.)

A district court granted FWS' motion to remand a challenge to its authorization of commercial grazing in Red Rock Lakes National Wildlife Refuge. Environmental groups sued, arguing the Service's issuance of cooperative agreements and special use permits violated NEPA and the National Wildlife Refuge System Improvement Act (Refuge Act); they sought vacatur of the agreements and permits and an order that the Service complete a full EIS to correct deficiencies with its decision. FWS moved to voluntarily remand without vacatur the special use permits to address whether grazing impacts were properly considered under NEPA and the Refuge Act. The court found FWS identified substantial and legitimate concerns, professed its intention to revisit the permits, and did not seek remand in bad faith or frivolously, and thus that remand was appropriate. It remanded without vacatur for FWS to perform both a new NEPA analysis and a new compatibility determination.