ELR Citation: ELR 20567
No(s). 83-6272-BU (D. Or. Nov 24, 1987)

The court holds that the supplemental environmental impact statement (SEIS) prepared by the Bureau of Land Management (BLM) for the use of herbicides to control noxious weeds on public lands in five northwest states satisfies the requirements of the National Environmental Policy Act's (NEPA's) worst-case regulation. The court initially notes that BLM chose to comply with the original worst-case regulation, although it had theoption of complying with the 1986 amended regulation since the EIS was in progress when the regulation was amended. The court first holds that BLM's failure to invite plaintiff environmental groups to participate in the EIS scoping process does not violate the NEPA regulations. While BLM's failure to notify plaintiffs was inexcusable, plaintiffs did not request notice, are not national organizations, and have shown no prejudice as a result of BLM's failure to notify them. The court holds that the SEIS contains a reasonably thorough discussion of the probable environmental consequences of BLM's proposed action. Plaintiffs' contention that BLM should use an integrated pest management process is beyond the scope of the court's review under NEPA. The court holds that BLM's consideration of Environmental Protection Agency (EPA) data from the Federal Insecticide, Fungicide, and Rodenticide Act registration process was appropriate. BLM did not simply adopt EPA's conclusions about the herbicides, but conducted an independent assessment of their safety. The court holds that plaintiffs' contention that BLM incorrectly claims the herbicides are safe is also beyond the scope of judicial review under NEPA. Disagreements among the parties' expert witnesses is insufficient to invalidate an EIS.

Counsel for Plaintiffs
Ralph A. Bradley
Bradley & Gordon
1397 Willamette St., Eugene OR 97401
(503) 343-8247

Counsel for Defendants
Charles H. Turner, U.S. Attorney; Thomas E. Lee, Ass't U.S. Attorney
312 U.S. Courthouse, 620 S.W. Main St., Portland OR 97205
(503) 221-2101