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Colo Environmental v. Dombeck, 185 F.3d 1162, 10th Cir. (1999)
Colo Environmental v. Dombeck, 185 F.3d 1162, 10th Cir. (1999)
1999)
No. 98-1379
August 9, 1999
II. DISCUSSION
1. Overview
43 a. Lynx Information
47 b. Mitigation Analysis
52 c. Alternatives Analysis
53 The alternatives analysis is characterized as "the heart"
of the environmental impact statement. 40 C.F.R.
1502.14. To comply with the National Environmental
Policy Act and its implementing regulations, the Forest
Service is required to rigorously explore all reasonable
alternatives to the Category III expansion in comparative
form, and give each alternative substantial treatment in
the environmental impact statement. Id. at 1502.1,
1502.14(a); 42 U.S.C. 4332(2)(C)(iii) & (E); All Indian
Pueblo Council v. United States, 975 F.2d 1437, 1444
(10th Cir. 1992).
III. CONCLUSION
Notes:
1 The Forest Service first contemplated an expansion into
the Category III area as early as 1962, when it issued
Vail's first special use permit. The 1983 and 1992 Rocky
Mountain Regional Guides, which establish general
policies and programmatic direction for ski area
development in National Forests in Colorado and nearby
states, likewise acknowledged the high priority for further
development at Vail. Moreover, the 1984 White River
National Forest Plan specifically designated the Category
III area for ski development, and contemplated completion
of such development by 1999.