October 2011 - Parks & Recreation - 54

LAW REVIEW continued from page 51

fact, adequately studied the issue and
taken a hard look at the environmental
consequences of its decision. We presume that the agency action is valid,
and the burden of proof rests with the
appellants who challenge such action.

Moreover, the appeals court acknowledged that NEPA is an environmental

policy act, not necessarily an environmental protection act. Accordingly, NEPA
does not require a federal agency to
maximize or even achieve environmentally beneficial outcomes in a proposed
project. On the contrary, NEPA simply
requires the agency to take the necessary " hard look " at the environmental

Scare up some fun.

consequences of a proposed project.
NEPA serves procedural rather than
substantive goals. It does not require
agencies to achieve particular substantive environmental results, but requires
them to collect and disseminate information about the environmental
consequences of proposed actions.

Further, the appeals court noted that
NEPA requires the agency to consider
only " reasonable " alternatives in the EIS
which would achieve the agency goals of
a proposed project, as opposed to environmental goals like those espoused by
groups like FOA.
Where the agency has examined a
breadth of alternatives but has excluded from consideration alternatives that
would not meet the goals of the project,
the agency has satisfied NEPA.

In addition, pursuant to the APA, the
federal appeals court acknowledged that
the proper role of the federal courts is to
" review an agency's reasonableness determination with considerable deference
to the agency's expertise and policymaking role. "

Reasonable Alternatives

Halloween Ghosts & Goodies
What happened to the Halloweens we used to have? Turns out,
they're at Genesee County Parks. Every October, families from around
Michigan gather in historic Crossroads Village for magic shows, trick or
treat and rides on the world-famous Huckleberry Railroad. Halloween
the way you remember it? You'll find it in the heart of Michigan. At
Crossroads Village. Only in Genesee County Parks.

geneseecountyparks.org

52	 Parks & Recreation   O C T O B E R

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On appeal FOA had argued that " NPS
failed to adequately consider the reasonable alternative of increasing the local
coyote population " and " the EIS contained false alternatives that presented
the NPS with only one viable option. " In
other words, according to FOA, the use of
sharpshooters to control the deer population was effectively a foregone conclusion
by NPS from the very outset. As a result,
FOA contended " the NPS did not follow
NEPA requirements when it failed to consider increasing the coyote population as
a reasonable alternative. "
As characterized by the federal appeals court, FOA's argument required
more detailed explanation of " how an
agency determines when an option is
reasonable " pursuant to NEPA and APA
review. In so doing, the court would
" evaluate the NPS's choice of alternatives in light of the stated objectives of
the action. " According to the court, " an
alternative is properly excluded from
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