VICTORY! CATTLE GRAZING HALTED ON PORTION OF ARIZONA’S TONTO NATIONAL FOREST
5th of May 2023
Advocates for the West won a significant victory in defense of a pristine corner of Arizona’s Tonto National Forest just below the scenic Mogollon Rim.
The 9th Circuit Court of Appeals ruled that the Forest Service made “serious errors” in violation of the National Environmental Policy Act (NEPA) in approving a plan to expand grazing on the Tonto National Forest’s Bar X allotment—including opening pastures that had been closed to grazing for nearly 40 years, which surround the communities of Colcord and Ponderosa.
“Nestled in ponderosa pine forests, this area is beloved by hikers, anglers, and other recreationists for its scenic beauty, and by local residents as a quiet place to enjoy nature,” said Andrew Missel, Staff Attorney at Advocates for the West. “I’m heartened that the Court recognized the Forest Service’s shoddy analysis and harm grazing could pose to our cherished public lands.”
Advocates for the West represented Neighbors of the Mogollon Rim in the case. The Court’s decision halts grazing on the Bar X pastures that were re-opened by the Forest Service in 2019 until the agency completes a new environmental analysis that fixes the problems identified by the Court. These pastures had been closed to grazing in 1979 because cattle had destroyed soil and vegetation and displaced wildlife such as deer, elk, and turkeys. After the closure, these species returned in strong numbers and the vegetation and soil began to recover.
At Issue
The recent ruling by a three-judge panel found that the agency violated NEPA in failing to consider a range of alternatives and impacts to residents of neighboring communities. The panel also found that the Forest Service relied on “significant misstatements and errors” during its environmental review supporting the grazing decision, preventing the public from fully understanding and commenting on the grazing plan’s impacts.
Background
In 2018, Advocates for the West sued the Forest Service when it initially attempted to reopen grazing in areas that were closed since the late 1970s, which resulted in a settlement that kept the pastures closed until the agency completed a NEPA analysis. Unfortunately, the Forest Service’s new analysis did not adequately address significant effects to soils, vegetation, and wildlife, nor did it take into account the severe effects of the new grazing plan on the wellbeing of nearby communities. The analysis also seriously understated the impacts to the Endangered Species Act (ESA)-listed Mexican spotted owl and the narrow-headed gartersnake.
In 2020, Advocates for the West filed a follow-up suit against the Forest Service over its inadequate NEPA and ESA analysis for the new grazing decision affecting the Bar X grazing allotment after the Forest Service decided to expand the number of cattle on the allotment and reopen the long-closed areas to grazing.
