ELR Citation: ELR 20542
No(s). CV 79-133-BLG-JFB (D. Mont. Aug 15, 1990)

The court holds that the Fish and Wildlife Service's (FWS') environmental impact statement (EIS) to limit cattle grazing on the Charles M. Russell National Wildlife Refuge in Montana complies with the requirements of the National Environmental Policy Act (NEPA). Ranchers holding grazing privileges on the Refuge challenged the EIS. The court refuses to pass judgment on the methodologies employed by the FWS in preparing the EIS. Likewise, the court holds that NEPA does not require the court to resolve disputes among experts. The court holds that the FWS adequately considered all reasonable alternatives, including a multiple use alternative. FWS reasonably gave this alternative less consideration than the chosen alternative, since the multiple use alternative may be less feasible because it would require congressional action to implement. The court holds that the EIS contains sufficient data to support the FWS' decision to limit grazing. The level of informed public participation fully satisfies NEPA. The court holds that the FWS' decision to suspend transfer of grazing privileges from 1976 to 1979 is not a major federal action requiring an EIS. An EIS is not required for decisions to terminate or issue individual grazing permits. The court denies defendant-intervenor's request for attorney fees and cost for failure to comply with local rules.

Counsel for Plaintiffs
Matt Knierim
P.O. Box 512, Glasgow MT 59320
(406) 228-9331

Counsel for Defendants
Tom France
National Wildlife Federation
240 N. Higgins St., Missoula MT 59802
(406) 721-6705