ELR Citation: ELR 20061
No(s). 05-4286 (10th Cir. Mar 11, 2008)

The Tenth Circuit held that the U.S. Forest Service did not act in an arbitrary and capricious manner when it made a finding of no significant impact for timber harvesting and prescribed burning in Utah's Dixie National Forest. Although the application of magnesium chloride to forest roads for dust abatement is not categorically excluded as routine maintenance from environmental impact assessment under the National Environmental Policy Act, the Forest Service adequately considered the effects of such action as part of its analysis of the project as a whole, citing a published study that concluded the potential for pollution was very low. Similarly, no individual assessment for prescribed burning or fire-line construction was necessary, as the Forest Service discussed the effects on soil and water quality as part of the project’s assessment. Finally, the Forest Service considered and complied with the best available science standard for old growth-dependent goshawk species in the forest plan; even though it did not cite the standard, the environmental assessment recognized the conservation strategy and made changes to the forest management plan to address the declining goshawk population.