2020-06-16_ENFORCEMENT - C1980007

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 6/16/2020
• Doc Name: Request for Inspection Over Failure of West Elk to Comply With Applicable State Coal Mining Laws
• From: WildEarth
• To: DRMS
• Violation No.: CO2020001
• Email Name: JRS
• Email Name: JDM
• Email Name: LDS
• Media Type: D
• Archive: No

High Country Conservation Advocates v. United States Forest..., 951 F.3d 1217 (2020)
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Administrative Law and action and its alternatives, and to make reasoned
Procedure *- Sufficiency of theory or decision. National Environmental Policy Act of
grounds provided by agency 1969 § 102, 42 U.S.C.A. § 4332(C)(iii); 40
Court will uphold agency's decision of less than C.F.R. § 1502.14(a).
ideal clarity if agency's path may reasonably be
discerned but will not supply reasoned basis for
agency's action that agency itself has not given. 181 Environmental Law w- Consideration of
5 U.S.C.A. § 706(2)(A). alternatives
In preparing environmental impact statement
(EIS) pursuant to NEPA, once agency establishes
Environmental Law *r- Duty of government proposed action's objective—which it has
bodies to consider environment in general considerable discretion to define—agency need
NEPA requires federal agencies to pause before not provide detailed study of alternatives that
committing resources to project and consider do not accomplish that purpose or objective, as
likely environmental impacts of preferred course those alternatives are not reasonable, but agency
of action as well as reasonable alternatives. may not define proposed action's objectives so
National Environmental Policy Act of 1969 § narrowly as to preclude reasonable consideration
102,42 U.S.C.A. § 4332(C). of alternatives. National Environmental Policy
Act of 1969 § 102, 42 U.S.C.A. § 4332(C)(iii);
40 C.F.R. § 1502.14(a).
Environmental Law %- Duty of government
bodies to consider environment in general
Twin aims of NEPA are to require agencies to
191 Environmental Law v- Consideration of
consider every significant aspect of proposed
alternatives
action's environmental impact and to facilitate
NEPA does not require agency to consider
public involvement. National Environmental
alternative in evaluating environmental impact
Policy Act of 1969 § 102, 42 U.S.C.A. §
of proposed agency action unless it is
4332(C).
significantly distinguishable from alternatives
already considered. National Environmental
Policy Act of 1969 § 102, 42 U.S.C.A. § 4332(C)
Environmental Law *-- Duty of government
(iii); 40 C.F.R. § 1502.14(a).
bodies to consider environment in general
NEPA is strictly procedural statute that does
not mandate substantive results. National
1101 Administrative Law and
Environmental Policy Act of 1969 § 102, 42
Procedure v- Review for arbitrary,
U.S.C.A. § 4332(C).
capricious, unreasonable, or illegal actions in
general
Court must judge agency action's reasonableness
Environmental Law *-- Assessments and
against two guideposts: (1) agency's statutory
impact statements
mandate, and (2) agency's objectives for
particular project. 5 U.S.C.A. § 706(2)(A).
In reviewing adequacy of agency's analysis
of alternatives in environmental impact
statement (EIS), court must apply rule of
reason, determining whether statement contained
1111 Environmental Law- Mining; oil and gas
sufficient discussion of relevant issues and
United States Forest Service acted arbitrarily
opposing viewpoints to enable agency to take
and capriciously in eliminating proposed
hard look at environmental impacts of proposed
alternative that would remove roadless portion
of project area from mining area in supplemental
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