Friends of Animals v. Romero, No. 18-2481 (2d Cir. 2020)
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FOA filed suit against NPS, alleging that the agency violated the National Environmental Policy Act in approving the Whitetailed Deer Management Plan for the Fire Island National Seashore.
The Second Circuit affirmed the district court's denial of FOA's motion for summary judgment and grant of NPS's cross-motion for summary judgment, holding that NPS's decision was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. In this case, NPS was not required to obtain the information about deer movement because it was not essential to a reasoned choice among alternatives; NPS took a hard look at the environmental consequences of the Plan; NPS has presented a rational basis for its decision to employ a Seashore-wide target deer density; and NPS considered all reasonable alternatives.
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