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regulations direct a lead agency to analyze reasonable alternatives, even when those alternatives <br />are not within its jurisdiction. See Project FEIS at 194-95; 40 C.F.R. § 1502.14(c) (in analyzing <br />alternative, "agencies shall ... [i]nclude reasonable alternatives not within the jurisdiction of the <br />lead agency"). Methane capture and reuse should therefore have been analyzed fully in the FEIS <br />despite the fact that it may not be available at the present time without additional governmental <br />or private actions. The Forest Service's failure to consider alternatives that could be <br />implemented with inter-agency cooperation or additional agency authority violates NEPA. <br />Federal caselaw reinforces the Forest Service's duty to consider flaring or capture as <br />reasonable alternatives. For example, in National Wildlife Federation v. National Marine <br />Fisheries Service, 235 F.Supp.2d 1 143 (W.D. Wash. 2002), the court held that the Army Corp of <br />Engineers (Corps) violated NEPA by failing to consider a particular method of sediment control <br />as an alternative to a proposed river dredging project. Id at 1154-55. The Corp had argued that <br />it could not consider such a strategy because it lacked authority to regulate land uses and land <br />management practices within the vast majority of the drainage basin. Id. The Court held the <br />Corps' reasoning erroneous, stating that the mere fact that the Corps "does not have authority to <br />implement fully sediment reduction strategies ... [does] not relieve the agency of its duty to fully <br />consider a reasonable alternative." Id. at 1155. See also Muckleshoot Indian Tribe v. U.S. <br />Forest Service, 177 F.3d 800 (9th Cir. 1999) (finding Forest Service wrongfully declined to <br />analyze an alternatives because it might not have money to implement it); Natural Resources <br />Defense Council v. Morton, 458 F.2d 827, 831-32 (D.C. Cir. 1972) (reasonable alternative could <br />include one that required a change in law to implement; concluding that "[w]here the <br />environmental aspects of alternatives are readily identifiable by the agency, it is reasonable to <br />state them-for ready reference by those concerned with the consequences of the decision and its <br />APPEAL OF E SEAM METHANE DRAINAGE WELLS PROJECT, APRIL 28, 2008 PAGE 32