Committee to Save the Rio Hondo v. Lucero

102 F.3d 445, 1996 WL 700138
Court of Appeals for the Tenth Circuit·Decided December 6, 1996·No. 95-2274·Published·Cited by 71 cases

Opinions

BRORBY, Circuit Judge:

The Committee to Save the Rio Hondo (“Committee”) appeals the district court’s order granting intervenor Taos Ski Valley’s (“Ski Area”) motion for summary judgment.1 The district court held the Committee lacked standing to challenge the Forest Service’s decision allowing summertime use of the Ski Area. We disagree. We reverse and remand for consideration of the merits.

I. BACKGROUND

Taos Ski Valley is a ski area located in New Mexico, within the Carson National Forest. The Ski Area is located near the headwaters of the Rio Hondo River, which flows through the village of Arroyo Hondo. The Ski Area operates under term and special use permits issued by the Forest Service. In 1981, the Carson National Forest Supervisor approved a master development plan accompanied by an environmental impact statement prepared in compliance with the National Environmental Policy Act’s provisions. The environmental impact statement addressed only the impacts of wintertime Ski Area operations.

Recently, the Ski Area proposed an amendment to its master plan and special use permit to allow for some summertime operation of its facilities. In considering the Ski Area’s request, the Forest Service prepared an environmental assessment. An environmental assessment contains a less exhaustive environmental analysis than does an environmental impact statement. Acting as Supervisor of the Carson National Forest and relying on the environmental assessment, Leonard Lucero prepared a finding of no significant impact and record of decision that approved the SM Area’s proposed summer operations, and a corresponding amendment to the master development plan and special use permit.

After first exhausting its administrative remedies, the Committee brought this action claiming the Forest Service had failed to follow the National Environmental Policy [447]*447Act’s procedures when it approved the summertime use of the Ski Area. The Committee claimed the Forest Service’s approval of the amended master development plan and special use permit was either a “major Federal action significantly affecting the ... environment” requiring the Forest Service to prepare an environmental impact statement, or the approval was a “substantial change” to the plan, requiring the Forest Service to prepare a supplemental environmental impact statement. National Environmental Policy Act of 1969; 42 U.S.C. § 4332(2)(C)(i-v) (1994); 40 C.F.R. § 1502.9(c)(1)(i) (1995). The Committee claimed the Forest Service’s failure to complete an environmental impact statement or supplemental environmental impact statement prior to making the amendments violated the National Environmental Policy Act.

The Ski Area filed a “Motion to Dismiss, to be Treated as a Summary Judgment,” on the ground the Committee lacked standing. In response to the motion, the Committee filed sworn affidavits from two members claiming they used and enjoyed the land and water surrounding the Ski Area for recreation and irrigation. Additionally, the affiants claimed their use and enjoyment of the area’s land and water would be damaged by the year-round operation, of the Ski Area.

The District Court for the District of New Mexico granted the motion in favor of the Ski Area holding the Committee had not shown sufficient injury in fact or redressability to establish constitutional standing. Particularly, the district court held that because the Committee could not show the Forest Service would be required to follow the recommendations of an environmental impact statement, the Committee’s fears of possible harm to the land and water were both immaterial and too speculative to constitute injury in fact. Also, the District Court held that because the Forest Service had already complied with the National Environmental Policy Act by completing a thorough environmental assessment, the Committee had failed to establish a favorable decision would redress its injuries.

II. DISCUSSION

The Ski Area questions the Committee’s standing to challenge the Forest Service’s actions. Because standing is a question of law for the court to determine, we review the district court’s determination of standing de novo. Mountain Side Mobile Estates Partnership v. Secretary of Housing & Urban Dev., 56 F.3d 1243, 1249 (10th Cir.1995). See also Catron County Bd. of Comm’rs v. United States Fish & Wildlife Serv., 75 F.3d 1429, 1433 (10th Cir.1996).

The doctrine of standing “is an essential and unchanging part of the case-or-controversy requirement of Article III.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 2136, 119 L.Ed.2d 351 (1992) (citing Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984)).2 The constitutional minimum of standing contains three elements. Defenders of Wildlife, 504 U.S. at 560, 112 S.Ct. at 2136. First, the plaintiff must have suffered an “injury in fact” — an invasion of a legally protected interest which .is “concrete and particularized” and “actual or imminent.” Id.; Catron County, 75 F.3d at 1433. Second, a causal connection must exist between the injury and the conduct complained of; the injury must be fairly traceable to the challenged action. Defenders of Wildlife, 504 U.S. at 560, 112 S.Ct. at 2136; Catron County, 75 F.3d at 1433. Third, it must be likely that the injury will be redressed by a favorable decision. Defenders of Wildlife, 504 U.S. at 561, 112 S.Ct. at 2136; Catron County, 75 F.3d at 1433.3

[448]*448Because the National Environmental Policy Act does not contain a private right of action for those seeking to enforce its procedural requirements, a plaintiff must rely on the Administrative Procedures Act as the basis for its action and, therefore, in addition to satisfying the constitutional standing requirements, a plaintiff must establish it is “adversely affected or aggrieved ... within the meaning of a relevant statute” by some final agency action. Lujan v. National Wildlife Fed’n, 497 U.S. 871, 883, 110 S.Ct. 3177, 3186, 111 L.Ed.2d 695 (1990); Catron County, 75 F.3d at 1434. To be adversely affected within the meaning of the National Environmental Policy Act, the Com mittee must establish they have suffered an injury in fact falling within the “zone of interests” protected by the National Environmental Policy Act. United States v. Students Challenging Regulatory Agency Procedures, 412 NS. 669, 686, 93 S.Ct. 2405, 2415, 37 L.Ed.2d 254 (1973); Sierra Club v. Morton, 405 U.S. 727, 733, 92 S.Ct. 1361, 1365, 31 L.Ed.2d 636 (1972); see also National Wildlife Fed’n, 497 U.S. at 883, 110 S.Ct. at 3186.

Free access — add to your briefcase to read the full text and ask questions with AI

Committee to Save the Rio Hondo v. Lucero, 102 F.3d 445, 1996 WL 700138 (10th Cir. 1996).

102 F.3d 445 (Committee to Save the Rio Hondo v. Lucero) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Gustavo Ravelo
Eleventh Circuit, 2022
Griffith v. Nebraska Dept. of Corr. Servs.
304 Neb. 287 (Nebraska Supreme Court, 2019)
Diné Citizens Against Ruining Our Env't v. Jewell
312 F. Supp. 3d 1031 (D. New Mexico, 2018)
Opala v. Watt
454 F.3d 1154 (Tenth Circuit, 2006)
Opala v. Hargrave
454 F.3d 1154 (Tenth Circuit, 2006)
Wyoming v. United States Department of the Interior
360 F. Supp. 2d 1214 (D. Wyoming, 2005)
Colorado Environmental Coalition v. Wenker
353 F.3d 1221 (Tenth Circuit, 2004)
State Water Control Board v. Crutchfield
578 S.E.2d 762 (Supreme Court of Virginia, 2003)
Sierra Club v. Hawaii Tourism Authority
59 P.3d 877 (Hawaii Supreme Court, 2002)
Augustine v. Adams
24 F. App'x 941 (Tenth Circuit, 2001)
Isle Royale Boaters Ass'n v. Norton
154 F. Supp. 2d 1098 (W.D. Michigan, 2001)
Jackson Hole Conservation Alliance v. Babbitt
96 F. Supp. 2d 1288 (D. Wyoming, 2000)
Utah v. United States Department of the Interior
210 F.3d 1193 (Tenth Circuit, 2000)