Dist. Ct. did not err in granting defendants’ (certain federal agencies and federal officials) motion for summary judgment in action under Property and Administrative Services Act and National Environmental Policy Act (NEPA), seeking to halt certain activities (dog training for hunting, off-road motorcycle riding and helicopter training drills) currently allowed by defendants at Sauk Prairie Recreational Area (Park) that had been created when federal government transferred land comprising of Park to state under program that required that property be used for recreational purposes. Defendants’ approval of instant activities did not violate Property Act, where: (1) dog training and off-road motorcycle riding are recreational uses that are consistent with original purposes of instant Park; and (2) defendant-National Park Service included provision in final deed that explicitly reserved right to continue helicopter training flights. Also, plaintiff could not prevail on its NEPA claim, where: (1) dog training and off-road motorcycle riding fell within categorical exclusion to NEPA’s environmental-impact statement requirements; and (2) defendants were not required to prepare environmental-impact statement for helicopter use because defendants had no authority/discretion to discontinue said use.
Federal 7th Circuit Court
Civil Court
Property and Administrative Services Act