Grunewald v. Jarvis. The Organic Act expressly provides that the Secretary of the Interior may also provide in his discretion for the destruction of such animals and of such plant life as may be detrimental to the use of any said parks, monuments, or reservations
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Court: U.S. Court of Appeals for the District of Columbia
Circuit Docket:
13-5136
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Opinion Date:
January 20, 2015
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Areas of Law: Animal / Dog Law, Environmental Law, Government &
Administrative Law
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After issuing an environmental impact statement (EIS), the
National Park Service adopted a plan for the management of deer in Rock Creek
National Park in Washington, D.C.
The plan involved the killing of white-tailed
deer. Objectors argued that the plan violated statutes governing management of
the Park and was not adopted in compliance with the Administrative Procedure
Act, and that the EIS did not meet the requirements of the National
Environmental Policy Act. The district court rejected the claims on summary
judgment.
The D.C. Circuit affirmed. Noting that the Organic Act expressly
provides that the Secretary of the Interior “may also provide in his discretion
for the destruction of such animals and of such plant life as may be
detrimental to the use of any said parks, monuments, or reservations,” so that
the agency’s interpretation of its enabling act is reasonable.
Given the impact
of deer on plant life and vehicle collisions, the decision is not arbitrary.
Finding no violation of NEPA, the court concluded that the EIS was not required
to consider the psychological harm that some visitors may suffer from simply
knowing that the intentional killing of deer happens at Rock Creek Park.