October 2011 - Parks & Recreation - 53

acceptable agent became available.

The NPS chose Alternative D. The
agency estimated that it would take four
years to achieve its deer density goal.
The EIS also briefly summarized other
options that the NPS had considered and
rejected. Specifically, under the heading " Reintroduction of Predators, " the EIS
first discussed the unsuitability of introducing wolves or cougars. Specifically,
the EIS noted that " the park is surrounded by developed areas and the proximity
to humans is not appropriate for the reintroduction of large predators. "

other nature venue, where they experience the natural world (and green exercise) together.
Family nature clubs, and similar
approaches,
provide
greater
sense of
and
to examine
the afacts
to determine
safety forthe
fearful
parents.
can becawhether
decision
wasThey
arbitrary,
created inand
anyanneighborhood,
whether
pricious,
abuse of discretion. "
Further,
federal appeals
court
inner
city, suburban,
or rural.
The noted
clubs
that
is more
procedural
can NEPA
be joined
or created
by anythan
kindsubof
stantive with the following " specialized

family. They increase motivation; it's
much more likely that a family will
show up at a park on Saturday morning
if they know there's another family
waiting for
importantly, unstandard
of them.
reviewAnd,
for arbitrariness "
there's
need to wait for funding.
der
theno
APA:
Families
can whether
do this themselves,
and
In deciding
the agency acted
arbitrarily,
will not substitute our
they
can do we
it now.
own
judgment
for that are
of the
agency,on.
Similar
approaches
catching
but we will insist that the agency has, in

Coyotes (Canis latrans) are present in
the park and bobcats (Lynx rufus) potentially could be supported by
habitats within the park. However,
these predators have been shown not
to exert effective control on whitetailed deer populations.

Based on these reasons, the reintroduction of predators was dismissed as a
management option.
After NPS announced its plan to commence the deer hunt in the winter 2010,
FOA requested the federal district court
to issue a preliminary injunction halting
the planned agency action pending a
full trial. The federal district court rejected FOA's request and granted NPS's
motion for summary judgment, effectively dismissing FOA's claims. FOA
appealed.

APA Review
On appeal, FOA claimed the planned
agency action to be undertaken by NPS
violated the procedural requirements of
the National Environmental Policy Act
( " NEPA " ) and the Administrative Procedures Act ( " APA " ).
After a federal agency has prepared
and considered an Environmental Impact
Statement and has decided to go forward
with a major federal action under NEPA,
the federal appeals court noted that it
would apply the APA standard of judicial
review for challenges to agency actions.
Specifically, the APA requires the federal court to " determine whether all necessary procedures were followed " and
consider " all relevant questions of law,

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October 2011 - Parks & Recreation

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