ELR Citation: ELR 20151
No(s). 07-8083 (10th Cir. Jul 10, 2009)

The Tenth Circuit upheld a lower court decision denying a petition for review of the U.S. Forest Service's determination not to undertake an EA of certain elk feedgrounds located on federal lands in Wyoming. Each winter the state of Wyoming feeds approximately 13,000 elk at 22 designated feedgrounds. The Forest Service authorizes use of the land in the Bridger-Teton National Forest for eight of those feedgrounds, six of which are operated by BLM and two by the state. Petitioners argued that a revised EA is necessary due to increases in the incidence of disease outbreak among feedground elk populations. In July 2008, however, the Forest Service issued an EA addressing the threat of disease at the six BLM-operated feedgrounds. Accordingly, claims as to those feedgrounds are moot. And because there are no ongoing major federal actions occurring at the two state-operated feedgrounds, the Forest Service's decision not to undertake an EA at those sites was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.