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Okanogan Highlands Alliance Washington Environmental Council Colville Indian Environmental Protection Alliance Kettle Range Conservation Group, and Confederated Tribes of the Colville Reservation, Plaintiff-Intervenor v. Robert Williams, Regional Forester Richard A. Ferraro, Deputy Regional Forester United States Forest Service Sam Gehr, Supervisor of the Okanogan National Forest, and Battle Mountain Gold Company, Defendant-Intervenor-Appellee. Okanogan Highlands Alliance Washington Environmental Council Colville Indian Environmental Protection Alliance Kettle Range Conservation Group, and Confederated Tribes of the Colville Reservation, Plaintiff-Intervenor v. Robert Williams, Regional Forester Richard A. Ferraro, Deputy Regional Forester United States Forest Service Sam Gehr, Supervisor of the Okanogan National Forest, and Battle Mountain Gold Company, Defendant-Intervenor

Citation: 236 F.3d 468Docket: 99-35537

Court: Court of Appeals for the Ninth Circuit; December 28, 2000; Federal Appellate Court

Narrative Opinion Summary

The case involves a challenge by the Okanogan Highlands Alliance and the Confederated Tribes of the Colville Reservation against the United States Forest Service's approval of a gold mining project on Buckhorn Mountain by Battle Mountain Gold Company. The plaintiffs argued that the Environmental Impact Statement (EIS) inadequately addressed mitigation measures, the Forest Service did not select the most environmentally preferable alternative, and that the district court improperly relied on documents not in the administrative record, violating the Administrative Procedure Act (APA). Additionally, the Colville Tribe asserted violations of trust obligations regarding their reserved hunting and fishing rights. The district court ruled in favor of the defendants, finding that the EIS complied with the National Environmental Policy Act (NEPA), the APA, the Organic Act, and trust duties to the Colville Tribe. The court affirmed that the EIS adequately evaluated environmental impacts and mitigation strategies and did not rely on external documents. The Forest Service's decision to approve Alternative B, despite its environmental impact, was justified by economic and mineral recovery considerations. The court concluded that the project would not infringe on the Colville Tribe's rights, as the EIS and Record of Decision sufficiently addressed potential impacts. The decision was upheld on appeal, affirming the district court's findings and the procedural propriety of the Forest Service's actions.

Legal Issues Addressed

Application of the Administrative Procedure Act in Judicial Review

Application: The court found that neither the Regional Forester nor the district court relied on external materials outside the administrative record, thus complying with the Administrative Procedure Act (APA).

Reasoning: The court found that neither the district court nor the Regional Forester utilized any materials outside the administrative record in their decisions.

Compliance with NEPA Requirements for Environmental Impact Statements

Application: The court upheld that the Environmental Impact Statement (EIS) met the requirements of the National Environmental Policy Act (NEPA) by thoroughly examining potential environmental impacts and considering mitigation measures.

Reasoning: The district court ruled in favor of the defendants, confirming that the EIS met NEPA requirements.

Consideration of Mitigation Measures under NEPA

Application: The EIS's discussion of potential mitigation measures was deemed sufficient, as it provided a substantive analysis rather than merely listing possible measures.

Reasoning: Ultimately, the EIS's discussion of possible mitigation measures is considered sufficient to fulfill NEPA's requirements, ensuring environmental consequences are evaluated without necessitating finalized plans at this stage.

Selection of Project Alternatives and the Organic Act

Application: The court held that the Forest Service's selection of Alternative B complied with the Organic Act's mandate to minimize adverse environmental impacts, despite Alternative C being more environmentally preferable.

Reasoning: The district court ruled in favor of the defendants, confirming that...the selection of Alternative B complied with the Organic Act's environmental impact minimization mandate.

Trust Obligations to Native American Tribes

Application: The court determined that the Forest Service fulfilled its fiduciary duty to the Colville Tribe by evaluating the project's impact on reserved hunting and fishing rights.

Reasoning: Federal agencies have a fiduciary responsibility to Native American tribes, which is fulfilled through compliance with applicable regulations.