Greer Coalition Incorporated v. United State Forest Service

MEMORANDUM

The Forest Service’s proposed Black River Land Exchange would exchange two parcels of federal land (“Greer Parcels”) for three parcels of non-federal land currently owned by Herbert Owens (“Owens Parcels”). Plaintiff Greer Coalition is an organization of citizens who live in or own property in Greer, Arizona. Plaintiff Center for Biological Diversity is a non-profit conservation organization. In this latest round of litigation, Plaintiffs appeal the district court’s grant of summary judgment to the Forest Service. Plaintiffs argue that the Forest Service violated the National Environmental Policy Act Of 1969 (“NEPA”) and the Federal Land Policy and Management Act of 1976 (“FLPMA”).

I.

This court reviews the district court’s grant of summary judgment de novo. Klamath Siskiyou Wildlands Ctr. v. Boody, 468 F.3d 549, 554 (9th Cir.2006). “Agency decisions that allegedly violate NEPA and FLPMA ... may be set aside if they are ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’ ” Id. (quoting 5 U.S.C. § 706 (2)(A)). An agency decision is arbitrary and capricious if it “relied on factors Congress did not intend it to consider, entirely…