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Utah Road Can Reopen Without Agency Review of Cactus Impact

April 8, 2021, 6:51 PM

The Bureau of Land Management’s decision not to study the environmental impact of reopening an area in Utah to off-highway vehicles was proper, the Tenth Circuit affirmed Thursday in a loss for groups that sought to protect a species of cactus.

The National Environmental Policy Act mandates an environmental review only when an agency action is discretionary, according to the U.S. Court of Appeals for the Tenth Circuit. In this case, the agency’s decision to lift a temporary closure order was required, the court said.

BLM closed part of the Factory Butte area in Utah to off-highway vehicles in 2006...

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