ELR Citation: ELR 21301
No(s). 87-C-0120 (D. Utah May 16, 1990)

The court holds that the Bureau of Land Management's (BLM's) finding of no significant impact (FONSI) for a county's plan to improve a road segment running between two wilderness study areas is supported by the administrative record and is adequate under the National Environmental Policy Act (NEPA). The court holds that the Interior Board of Land Appeal's (IBLA) decision upholding the FONSI is reasonable and that BLM took the necessary hard look at Garfield County's decision to make section one of the Burr Trail in Utah into an improved two-lane gravel road. The court holds that BLM did not improperly segment its review under NEPA by analyzing only one section of the trail. The court finds there is insufficient evidence of improper influence or ex parte communications to warrant remand to IBLA. In addition, IBLA's de novo review removes the effect of any improper influence. The court next finds insufficient evidence that BLM predetermined the results of its environmental assessment. The administrative record does not support an inference that any evidence, which would give rise to a FONSI, was excluded from the record that the IBLA received.

Counsel for Plaintiffs
Wayne G. Petty
Moyle & Draper
600 Deseret Plaza, No. 15 E. First South, Salt Lake City UT 84111-1901
(801) 521-0250

Lori Potter
Sierra Club Legal Defense Fund, Inc., 1631 Glenarm Pl., Ste. 300, Denver CO 80202
(303) 623-9466

Counsel for Defendants
Dee Benson, U.S. Attorney
Joseph W. Anderson, Ass't U.S. Attorney
476 U.S. Courthouse, 350 S. Main St., Salt Lake City UT 84101-2180
(801) 524-5682

Ronald W. Thompson, Barbara G. Hjelle
Thompson, Hughes & Reber
148 E. Tabernacle, St. George UT 84770
(801) 673-4892