Park County Resource Council, Inc. v. United States Department of Agriculture

Status

44 later cases cite Park County Resource Council, Inc. v. United States Department of Agriculture; 44 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Treatments

Overruled in part

• The en banc Tenth Circuit overruled Park County’s reasonableness standard for reviewing an agency’s decision that a project does not require an environmental impact statement.

  Village of Los Ranchos de Albuquerque v. Marsh · Tenth Circuit (en banc) · filed February 11, 1992

  To the extent that our prior cases held that a reasonableness standard of review should be used, see Hodel, 848 F.2d at 1089; Park County Resource Council, Inc., 817 F.2d at 621 & n. 4; Hunt, 749 F.2d at 1468; League of Women Voters, 730 F.2d at 584-85; Brandon, 725 F.2d at 563; Jette, 579 F.2d at 64; Butz, 484 F.2d at 1248-49, they are inconsistent with Marsh, 490 U.S. at 375-77, 109 S.Ct. at 1860-61, and we now overrule such holdings.

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Declined to follow

• Applying Ninth Circuit law, the District of Montana declined Park County’s approach to postponing an environmental impact statement past the sale of oil and gas leases that permit surface occupancy.

  Montana Wilderness Ass’n v. Fry · D. Mont. · filed March 31, 2004

  The government notes that the Tenth Circuit has held that an EIS is not required at the lease sale stage. Park County Res. Council, Inc. v. U.S. Dep’t of Agric., 817 F.2d 609 (10th Cir.1987). However, that is not the rule in this Circuit, nor has it been the rule for the past 15 years.

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Criticized

• The Ninth Circuit called Park County’s exemption of a procedural NEPA claim from the Mineral Leasing Act’s filing deadline a misapplication of earlier Ninth Circuit precedent.

  Turtle Island Restoration Network v. United States Department of Commerce · Ninth Circuit · filed February 21, 2006

  In Park County, the Tenth Circuit considered whether a ninety-day statute of limitation under the Mineral Lands Leasing Act, 30 U.S.C. § 226-2 (1982), applied to a NEPA challenge that "happen[ed] to involve an oil and gas lease." 817 F.2d at 616. ... Yet again, in another misapplication of Jones, the court held that because NEPA challenges are procedural in nature, they were not controlled by the Mineral Lands Leasing Act's statute of limitation.

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