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6/28/2010 1:32:36 PM
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Board Meetings
Board Meeting Date
4/30/2004
Description
23G
Board Meetings - Doc Type
Executive Session
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(10' Cir. 1999). Plaintiffs have made no attempt to demonstrate that such information is <br />essential to a reasoned decision. The record demonstrates that the Forest Service had information <br />addressing aquatic habitat and explained the limitations of the information it relied on. <br />When the water users presented the revised JOP to the Forest Service, they also included <br />extensive analysis done by their hydrology and fishery consultants which compared Alternative B <br />(JOP) with Alternative C (bypass flows). (AR -G at 4364 - 4620.) The Forest Hydrologist and <br />Fishery Biologist evaluated the consultants work in a report included as Appendix I to the FEIS. <br />(AR -LD at 4459- 4563.) The Forest Service analysts cautioned that because the habitat results <br />generated by the consultants relied on limited data, the results "should not be considered accurate <br />in terms of absolute values." Id. at 4461. That limitation, however, did not mean the <br />consultants' analysis had no value in the decision - making. The analysis provided "an index to <br />assess relative differences among the alternatives presented." Id. Plaintiffs have not <br />demonstrated that NEPA regulations required inclusion of the missing information. <br />2 Failure to prepare a supplemental EIS <br />NEPA regulations provide that federal agencies "[s]hall prepare supplements to either <br />draft or final environmental impact statements if: (i) [t]he agency makes substantial changes in <br />the proposed action that are relevant to environmental concerns; or (ii) [t]here are significant new <br />circumstances or information relevant to environmental concerns and bearing on the proposed <br />action or its impacts." 40 C.F.R. § 1502.9(c)(1). This requirement does not mean that a SEIS <br />must be done every time an agency is presented with new information. Marsh v Oregon Natural <br />Resource Council, 490 U.S. 360, 373 (1989). Instead, an SEIS is only required if the new <br />information shows the proposed action will affect the quality of the human environment in a <br />-30- <br />
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