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Colorado Wild v. U.S. Forest Service

United States District Court for the District of Colorado

523 F.Supp.2d 1213 (2007)

Relevant factsFree

A developer (LMJV) sought a road-extension permit under ANILCA to build a year-round resort accessible only through an inadequate existing road; the Forest Service's final environmental impact statement (FEIS) considered no alternatives to the proposed resort, resting its analysis on three premises: that LMJV would build the resort regardless of additional road access, that the county-approved resort itself defined reasonable use and enjoyment of the property, and that the existing road provided inadequate access. Colorado Wild and others (plaintiffs) challenged the FEIS, and the court had already issued a temporary restraining order pending review; the plaintiffs moved to continue a preliminary injunction.

IssueFree

Whether an agency violates the National Environmental Policy Act by failing to consider alternatives to a proposed project.

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