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Citizens' Comm. to Save Our Canyons v. Krueger

ELR Citation: 38 ELR 20017
Nos. No. 07-4011, (10th Cir., 01/15/2008)

The Tenth Circuit held that the U.S. Forest Service's decision to issue a special use permit to a company to conduct helicopter skiing operations in the Wasatch-Cache and Uinta National Forests complied with the National Forest Management Act and the National Environmental Policy Act (NEPA). The Forest Service properly considered how particular options would affect the range of recreational opportunities available in the forests and balanced interests in a way it believed promoted multiple forest uses. Rather than violating the forest plans, this approach of promoting a variety of recreational opportunities is directly in line with the forest plans’ goals. In addition, the Forest Service’s environmental impact statement fully disclosed and considered the impact of its decision to issue a special use permit to the company. The NEPA process in this case, including extensive public comment, considered a variety of options and yielded a number of reasonable restrictions on the company's operations designed to minimize conflict among forest users. This is all NEPA requires.