Central South Dakota Cooperative Grazing District v. Secretary of the United States Department of Agriculture

266 F.3d 889
Court of Appeals for the Eighth Circuit·Decided September 24, 2001·No. No. 00-3567·Published·Cited by 2 cases

Opinion

BEAM, Circuit Judge.

Central South Dakota Cooperative Grazing District (Grazing District) appeals the district court’s1 grant of summary judgment affirming administrative action by the United States Department of Agriculture Forest Service (Forest Service).2 The Grazing District argues that the Forest Service violated the National Environmental Policy Act of 1969 (NEPA), specifically, 42 U.S.C. § 4332, because it failed to consider reasonable alternatives to reducing grazing levels in the Fort Pierre National Grasslands (Grasslands), and that its methodologies for assessing species populations and range conditions were so unreliable that they made its choice of stocking levels arbitrary and capricious. The Forest Service responds, in part, by asserting that the Grazing District lacks standing to pursue its NEPA claim. We affirm the district court’s grant of summary judgment in favor of the Forest Service.

I. BACKGROUND

The National Forest Management Act of 1976 (NFMA), 16 U.S.C. §§ 1600 et seq., provides for a two-phase forest planning process. First, the Forest Service is to develop a Land and Resource Management Plan (forest plan), which is a “general planning tool” that “provides guidelines and approved methods by which forest management decisions are to be made.” Sierra Club v. Robertson, 28 F.3d 753, 758 (8th Cir.1994). Forest plans are to be prepared in accordance with NEPA. 16 U.S.C. 1604(g)(1); Robertson, 28 F.3d at 758. Second, the Forest Service implements the forest plan through site-specific actions, assessing each such action to determine its compatibility with the forest plan, NEPA,3 and other applicable law. Sierra Club v. United States Forest Serv., 46 F.3d 835, 837 (8th Cir.1995) [hereinafter U.S. Forest Service ]. If the proposed action was not adequately analyzed in an [893] Environmental Impact Statement (or EIS) for the forest plan, as required by NEPA, a project-level EIS must be completed, unless the agency has determined through its Environmental Assessment (or EA) that the project will not significantly affect the environment (finding of no significant impact, or FONSI), in which case the EA itself may suffice. 40 C.F.R. § 1500.4(q); U.S. Forest Service, 46 F.3d at 837, 840.

Under this NFMA configuration, a forest plan identifies suitable grazing lands, while permits to graze, if appropriate under that general plan, are issued pursuant to an appropriate site-specific project analysis. See generally Lujan v. National Wildlife Fed’n, 497 U.S. 871, 892 n. 3, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990) (mining permits); U.S. Forest Service, 46 F.3d at 837 (timber sales); Robertson, 28 F.3d at 759 (same); Natural Res. Defense Council, Inc. v. Hodel, 624 F.Supp. 1045, 1061 (D.Nev.1985) (grazing permits). Grazing permits “convey no right, title, or interest” in lands or resources, 36 C.F.R. § 222.3(b), and are subject to modification according to changes in management needs or resource conditions, 36 C.F.R. § 222.4(a)(7) &(8).

In this case, the Grazing District is an association that has a permit to graze cattle upon the Grasslands. In 1984, after completion of an EIS, the Forest Service adopted and approved the Nebraska National Forest Land and Resource Management Plan (Nebraska Forest Plan) to regulate use of the Grassland’s resources. This plan emphasizes wildlife habitat, directing the Forest Service to “[ajlter grazing systems, season of use, and stocking levels to enhance wildlife habitat.” It “also requires the Forest Service to have developed residual cover4 guidelines for the sharp-tailed grouse and greater prairie chicken “by [the] close of FY 1988.” In 1985 — prior to having considered all resource factors, seeking involvement of all interested parties, or conducting the requisite NEPA analysis — the Forest Service authorized the issuance of permits to graze cattle on the Grasslands at a maximum stocking rate of 70,436 Animal Unit Months (AUMs).5 Documentation incorporated into the Grazing District’s grazing agreement indicated that proper range condition analyses needed to be conducted, that when residual cover requirements were established, the permits would be subject to them and that as monitoring and evaluation were conducted, the stocking levels could be revised.

After extensively studying6 the impact of grazing on the wildlife habitat, the Forest Service ultimately determined that the 1985 stocking level made it impossible to satisfy the Nebraska Forest Plan’s requirements for “long-term rangeland health and productivity, wildlife habitat, woody draw habitat, and soil and water protection.” Therefore, in accordance with the NFMA and NEPA, the Forest Service prepared an Environmental Assessment in [894] which it considered maximum grazing levels of 55,4407 (an alternative considered at the request of the Grazing District), 45,-211,15,070, and 51,558 AUMs, along with a no-grazing alternative. In 1998, after giving public notice and receiving comments, the Forest Service issued a decision notice establishing the total maximum stocking level for the Grasslands at 51,558 AUMs and made a finding of no significant impact for the selected level.

The Grazing District subsequently filed a complaint seeking judicial review of this agency action. Both the Grazing District and Forest Service filed simultaneous motions for summary judgment. The district court granted summary judgment in favor of the Forest Service.

II. AGENCY ACTION

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Central South Dakota Cooperative Grazing District v. Secretary of the United States Department of Agriculture, 266 F.3d 889 (8th Cir. 2001).

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