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Administrative Law Keyed to Cass
Robertson v. Methow Valley Citizens Council
Citation:
490 U.S. 332 (1989)Facts
In 1978, Methow Recreation, Inc. applied for a special use permit to develop the Early Winters Ski Resort on Sandy Butte, a pristine 6,000-foot mountain in the Okanogan National Forest that had been identified in a 1970 congressional study as having the highest potential in Washington for major ski resort development. The proposed development would use approximately 3,900 acres of national forest land and stimulate extensive commercial and residential growth in the surrounding Methow Valley. The Forest Service prepared a comprehensive Environmental Impact Statement evaluating five alternative development levels and analyzing impacts on water, soil, wildlife, air quality, vegetation, and socioeconomic conditions. The Study identified significant off-site effects, including potential air quality degradation from wood-burning and a possible 15-50 percent reduction in the area’s mule deer herd due to development in the valley. The EIS discussed various mitigation measures but noted these were conceptual and would be developed further during later planning stages, with many measures requiring action by state and local governments rather than the Forest Service. The Regional Forester issued a special use permit in 1984, and environmental organizations challenged the decision, arguing the EIS was inadequate.
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