10th Cir. backs NPS on Rocky Mtn NP elk/vegetation plan

The National Park Service did not violate NEPA by failing to consider a “natural wolf alternative” as an option for Rocky Mountain National Park in northern Colorado, the Tenth Circuit has ruled (WildEarth Guardians v. Salazar, 11-1192, 1/9/2013).

Here are the first two paragraphs of the 31-page decision:

This appeal concerns WildEarth Guardians’ challenge to the National Park Service’s elk and vegetation management plan for Rocky Mountain National Park. WildEarth filed suit in federal district court challenging the plan and the final environmental impact statement the National Park Service (NPS) prepared in conjunction with the plan. WildEarth contends the NPS violated the National Environmental Policy Act (NEPA) by failing to include the reintroduction of a naturally reproducing wolf population as one of the alternatives considered in the environmental impact statement. WildEarth also challenges the agency’s proposal to allow volunteers to assist the agency in reducing the elk population.

The district court affirmed the agency action, and WildEarth appealed. We find the record supports the agency’s decision to exclude consideration of a natural wolf alternative from its environmental impact statement. We also find the agency’s interpretation of the National Parks Organic Act and Rocky Mountain National Park Enabling Act persuasive, and that its elk management plan does not violate those statutes.

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