Carol Grunewald v. Jonathan Jarvis

776 F.3d 893, 414 U.S. App. D.C. 58, 45 Envtl. L. Rep. (Envtl. Law Inst.) 20012, 79 ERC (BNA) 2001, 2015 U.S. App. LEXIS 784, 2015 WL 304112
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 20, 2015
Docket13-5136
StatusPublished
Cited by23 cases

This text of 776 F.3d 893 (Carol Grunewald v. Jonathan Jarvis) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carol Grunewald v. Jonathan Jarvis, 776 F.3d 893, 414 U.S. App. D.C. 58, 45 Envtl. L. Rep. (Envtl. Law Inst.) 20012, 79 ERC (BNA) 2001, 2015 U.S. App. LEXIS 784, 2015 WL 304112 (D.C. Cir. 2015).

Opinion

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge:

The National Park Service of the Department of Interior adopted a plan for the management of deer in Rock Creek National Park in Washington, D.C. The plan *896 involved the killing of white-tailed deer. The consideration and adoption of the plan included the issuance of an environmental impact statement. Appellants, five individuals and an organization called “In Defense of Animals,” brought the present action for declaratory and injunctive relief, alleging that the Park Service’s plan violated statutes governing the management of the Park and was not adopted in compliance with the Administrative Procedure Act. The complaint further alleged that the environmental impact statement did not meet the requirements of the National Environmental Policy Act. The district court granted summary judgment in favor of the defendants. Plaintiffs brought the present appeal. We affirm.

BACKGROUND

Rock Creek Park in Washington, D.C., was created by Act of Congress in 1890 as a “public park or pleasure ground for the benefit and enjoyment of the people of the United States.” Rock Creek Park Enabling Act (“Enabling Act”), Ch. 1001, § 1, 26 Stat. 492. Originally, the Park was under the joint control of the Commissioners of the District of Columbia and the Chief Engineers of the United States Army. Id. § 7.' In 1916, Congress established the National Park Service under the National Park Service Organic Act, 16 U.S.C. § 1, and the Rock Creek Park came under the authority of the Park Service. Both Acts authorize the management of natural phenomena such as wildlife within the park. The present controversy arises over the management of the deer population.

According to the Park Service, few if any white-tailed deer inhabited Rock Creek Park at the turn of the twentieth century. See National Park Service, Final White-Tailed Deer Management Plan/EIS (“Final EIS”) at ii (2011). Over the years, however, conditions changed. Areas surrounding Rock Creek Park became urbanized or suburbanized. Predators, such as cougars and wolves, no longer populated the mid-Atlantic region. Deer became increasingly common in Rock Creek Park. Occasional deer sightings emerged in the 1960s and continued sporadically throughout the 1970s. By the early 1990s, deer sightings were so common that the Park Service no longer recorded individual sightings. In 1989, the Park Service recorded the first incident of a deer struck and killed by a vehicle. See id. at 14. From 2003 to 2007,,,the Park Service recorded an average of 42 deer-vehicle collisions per year. See id. at 148.

Deer are herbivores and generally browse vegetation from ground level to approximately six feet in height. A large deer population can result in a visible “browse line,” a line at approximately six feet above ground level, “below which most or all vegetation has been uniformly browsed.” Id. at 535. Deer browsing can adversely impact native vegetation by over-consuming existing shrubs and herbaceous species. Excessive browsing of tree seedlings interferes with the forest’s ability to naturally regenerate itself. See id. at 1.

By the mid-1990’s, the Park Service began formally monitoring deer population levels. Based on intensive scientific evaluation, the Service estimated that, by 2009, Rock Creek Park would have a deer density of 67 per square mile, or approximately 315 total deer in the Park. See id. at 56. Given the increase in deer population and the increase in attendant problems, the Park Service convened a science team, comprised of experts from various state and federal agencies, to provide technical background information and research to support the preparation of a deer management plan. Science Team Final Report: Rock Creek Park Deer Management Plan/Environmental Impact Statement *897 (“Science Team Final Report”) (2007). In September 2006, the Park Service published a notice in the Federal Register that it intended to prepare a white-tailed deer management plan and an accompanying environmental impact statement for Rock Creek Park, and invited comments from the public. 71 Fed.Reg. 55012, 55012-13 (Sept. 20, 2006). During the so-called “public scoping,” the Park Service held two public meetings and received 140 written comments. See National Park Service, Record' of Decision: Rock Creek Park White-Tailed Deer Management Plan and Final Environmental Impact Statement (“Record of Decision”) at 11 (2012). In July 2007, the science team published its summary and recommendations, suggesting that an initial goal of 15 to 20 deer per square mile in 2009 “would be appropriate for Rock Creek Park.” Science Team Final Report at 5.

In 2009, the Park Service published its Draft White-Tailed Deer Management Plan/Environmental Impact Statement (“Draft EIS”). The Draft EIS stated a need to address the “potential of deer becoming the dominant force in the park’s ecosystem, and adversely impacting native vegetation and other wildlife,” a “decline in tree seedlings caused by excessive deer browsing and the ability of the forest to regenerate,” and “[e]xcessive deer browsing impacts on the existing shrubs and herbaceous species” as well as on the “character of the [park’s] cultural landscapes.” Draft EIS at 1-2 (2009). The Plan’s objectives included protecting “the natural abundance, distribution, and diversity of native plant species ... by reducing excessive deer browsing, trampling, and nonnative seed dispersal,” and protecting the habitat of birds and “rare plant and animal species from adverse effects of deer.” Id. at 2. The Draft EIS identified four alternatives, including a “no-action” alternative (Alternative A). Under Alternative B, the Park Service would utilize non-lethal actions for deer control, including large-scale exclosures and reproductive controls. Alternative C would include lethal actions, reducing the size of the deer herd through sharpshooting or capture and euthanasia. Alternative D would include both lethal and non-lethal actions, using lethal actions to quickly reduce the deer herd, with the possible use of reproductive controls to maintain herd size. Id. at 41-42. The Park Service identified Alternative D as its preferred alternative, and as the environmentally preferred alternative. Id. at 92.

After releasing the Draft EIS, the National Park Service announced an extended public comment period and held a public meeting on its Draft EIS. See Record of Decision at 11. Over 125 people attended the meeting, and the Park Service received 414 pieces of correspondence during the comment period. See id. at 11-12. The Park Service ultimately chose Alternative D in its Final EIS, finding that a combination of lethal and non-lethal controls would promote enhanced forest regeneration, improve the quality of Rock Creek’s scenery and ecological diversity, and provide flexibility for the potential use of non-lethal means to control deer herd size. See id. at 8-10. The Park Service rejected the no-action alternative, Alternative A, as it would allow deer over-browsing and trampling to continue to adversely impact native vegetation.

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776 F.3d 893, 414 U.S. App. D.C. 58, 45 Envtl. L. Rep. (Envtl. Law Inst.) 20012, 79 ERC (BNA) 2001, 2015 U.S. App. LEXIS 784, 2015 WL 304112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carol-grunewald-v-jonathan-jarvis-cadc-2015.