Wilson v. Turner
Wilson v. Turner
Opinion of the Court
MEMORANDUM
Richard and Jean Wilson and others appeal the district court’s grant of sum
The National Environmental Policy Act requires the Forest Service to prepare an environmental assessment to determine whether the proposed Peaks Segment “significantly affects” the environment. 40 C.F.R. § 1501.3(a). The Forest Service must take a hard look at the environmental impact and provide a “convincing statement of reasons” that explain why that impact is not significant. Blue Mountains Biodiversity Project v. Blackwood, 161 F.3d 1208, 1212 (9th Cir. 1998). A more detailed environmental impact statement is required only where there are “substantial questions” about whether a project may have a significant environmental impact. 42 U.S.C. § 4332(2)(C); Ocean Advocates v. U.S. Army Corps of Eng’rs, 402 F.3d 846, 864-65 (9th Cir. 2005). In determining whether an action “significantly affects” the environment, the Forest Service looks both at the context and the intensity of the impact, as measured by ten regulatory factors. 40 C.F.R. § 1508.27. The appellants argue that substantial questions exist under six of these factors making the preparation of an EIS mandatory. We disagree.
First, the appellants fail to establish substantial questions about “[t]he degree to which the effects on” the Mexican spotted owl, elk and deer, northern goshawk, turkey and cultural resources “are likely to be highly controversial.” 40 C.F.R. § 1508.27(b)(4). The appellants do not present any evidence from experts or “knowledgeable” individuals that a “substantial dispute exists” regarding the Forest Service's findings. See Greenpeace Action v. Franklin, 14 F.3d 1324, 1333-34 (9th Cir. 1992) (citation omitted). Second, the Forest Service took the required hard look at the uncertainty of the impacts of the Peaks Segment at Little Springs and the project’s impact on public safety and endangered species. See 40 C.F.R. § 1508.27(b)(2), (5), (9). The appellants fail to raise substantial questions that the Peaks Segment will result in highly uncertain impacts at Little Springs or that the generalized risk of human encounters with bears and mountain lions is significant. Third, the adverse impact on the endangered Mexican spotted owl is not significant; at most, only several birds would be affected, not the species. See Envtl. Prot. Info. Ctr. v. U.S. Forest Service, 451 F.3d 1005, 1010-11 (9th Cir. 2006). Fourth, the Peaks Project does not threaten a violation of federal law “imposed for the protection of the environment,” 40 C.F.R. § 1508.27(b)(10), because the incidental take of the Mexican spotted owl is not prohibited by the Endangered Species Act. See 16 U.S.C. § 1536(b)(4), (o)(2); 50 C.F.R. § 402.02. Finally, the Forest Service sufficiently considered the nearby Snowbowl facilities improvement project as required under 40 C.F.R. § 1508.27(b)(7), and we defer to its determination that there is no reasonable expectation that the Snowbowl and Peaks Segment projects will create a cumulatively significant impact on the environment.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided
Case-law data current through December 31, 2025. Source: CourtListener bulk data.