On June 16^th, the Ninth Circuit upheld the U.S. Forest Service’s decision to deny a permit for the construction and operation of a ski resort near Missoula, Montana.

Western Montana Community Partners Inc. (“WMCP”) and Special Use Permit for Public Resort Benefits LLC (“SUPPRB”) sued the Forest Service in 2013, arguing that the Forest Service erred by failing to perform a proper analysis of the visual quality effects of the proposed project by not conducting a field study of the area.

In a unanimous decision, the three-judge panel of the Ninth Circuit found that WMCP and SUPPRB did not show that the Forest Service erred when it determined that the proposed resort could have been detrimental to the Lolo National Forest and Bitterroot National Forest natural landscapes. The court further found that the Forest Service had no obligation to conduct a field survey, noting that the Forest Service used a photograph provided by WMCP and SUPPRB when analyzing visual quality impacts, and that the proposed plan was outside of the areas set aside for potential skiing in the Lolo and Bitterroot forests. The court also held that the Forest Service correctly determined that the proposed plan violated the applicable recreational standards for the Bitterroot forest.

Can a photograph take the place of a site visit?

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