Save the Peaks - We can make a difference!

(This section will ultimately serve as a ruff guide to the NEPA process, please check out the ACTION section for what you can do to help the Coalition's efforts!)

Next NEPA step: Litigation
Please refer to links below for more valuable information.

How to appeal the Decision

As you may know, on Feb. 18 th Nora Rasure made the decision to allow Snowbowl Expansion and Wastewater Snowmaking. Anyone who made "substantive" comments on the Draft EIS has 45 days to appeal this decision to the Southwestern Regional Office.

Appeal deadline: April 25 th

What is the appeal process?

An appeal is really just a formal letter to the next higher official within the agency. If you decide to appeal a decision, your appeal must meet a few minimum requirements that are listed below. Answer the following questions to see if you are eligible to appeal.

Are you listed as having made "substantive comments" in Appendix A of Volume 2 of the Final EIS? Call Rudy or Carly in Flagstaff (928) 214-8077 to find out, or check your copy of the FEIS if you have been mailed one.
If you are listed there will be numbers next to your name representing the issues where your arguments were "substantive". What are those numbers, and what issues do they represent? Carly or Rudy can also tell you that.

Pretty simple test, right. Well, if you are on the list, then you can appeal the decision.

Not on the list? Appeal Anyways.

How do I file an appeal?

Future litigation will be limited to issues that are part of the "record." Your appeal is part of the record. The definition of the "record" can become a critical issue in later courtroom litigation, so it is always very important to submit all of the information you believe favors your position in the appeal documents. If you think of an issue, but cannot prove it or are uncertain as to the legal obligation of the Forest Service to meet it, better to include it than leave it out. What follows are things that must appear in your appeal.
The appeal must be filed (regular mail post marked by April 25 th , fax, email, hand-delivery, or express delivery) with the Appeal Deciding Officer at:

USDA Forest Service

Region 3

Appeal Deciding Officer: Harv Forsgren

333 Broadway SE

Albuquerque, NM 87102

FAX (505) 842-3173

E-MAIL: appeals-southwestern-regional-office@fs.fed.us

Electronic appeals must be submitted in a format such as an email

message, plain text (.txt), rich text format (.rtf), or Word (.doc)

An appeal must include the regulation number: 36 CFR 215
An appeal must name the project: Record of Decision: Arizona Snowbowl Facilities Improvements and Forest plan Amendment #21
You must appeal by April 25 th , 2005 in order to legally appeal.
You must supply appellant's (your) name and address with a telephone number.
Signature or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the appeal).
When multiple names are listed on an appeal, identification of the lead appellant and verification of the identity of the lead appellant upon request.
An appeal must include the name and title of the Responsible Official: Nora Rasure, Forest Supervisor of Coconino National Forest
An appeal must include the date of the decision: Feb. 18 th , 2005
An appeal must include specific change(s) in the decision that the appellant seeks and rationale for those changes.
Include in your argument any portion(s) of the decision with which you disagree, and an explanation for the disagreement.
An appeal must include why you believe the Responsible Official's decision failed to consider the substantive comments, and how the appellant believes the decision specifically violates law, regulation, or policy.

Note: Being able to respond to #9 above is what makes an appeal strong and much more likely result in a decision remand. Simply not liking a project is not enough. If your dislike can be translated to a violation of law, regulation, or policy, your appeal will be much stronger.

What happens after I file an appeal?

A formal decision on an appeal will be made by the Appeal Deciding Officer within 45 days following the end of the appeal filing period, i.e. 90 days after the decision is published in the newspaper. The Appeal Deciding Officer also has the option to let the Responsible Official's decision stand without responding to the appeal (not likely for Snowbowl). If you lose, your only remaining action is to litigate in federal court. If they do respond then the following should happen.

Several days after filing your appeal you will get a telephone call from the responsible official, who will ask if you would like to meet for an "appeal resolution meeting". If you think there is a chance to get the agency to modify the project in a way you can live with in exchange for withdrawing your appeal, you should attend the meeting. If the only decision you can live with is for a total withdrawal of the action, then attending the meeting probably won't get you there. There are no penalties for not attending the meeting. Just tell the official that you don't see any hope of a resolution, and you don't want to waste anybody's time including the Forest Service.

Your appeal will be resolved in a few weeks and you will be notified. If you lose, your only remaining action is to litigate. If you decide, after losing an appeal, that you would like to litigate, you may only litigate, broadly speaking, over those issues you appealed on.

Future litigation will be limited to issues that you raise in your appeal, so be thorough. If you think of an issue, but cannot prove it or are uncertain as to the legal obligation of the Forest Service to meet it, better to include it than leave it out. There are no penalties for appeals that are too long or inaccurate.

More information:

www.savethepeaks.org

www.fs.fed.us/r3/coconino/nepa/2005/feis-snowbowl/index.shtml