National Parks & Conservation Association v. Babbitt

Glacier Bay National Park experienced increased traffic from watercraft. Consequently, pursuant to the National Environmental Policy Act (NEPA), the National Park Service (park service) (defendant) conducted an environmental assessment of the effect of the additional watercraft on wildlife in Glacier Bay. The park service then revised its vessel-management plan to allow an increase in watercraft traffic. When the park service released its environmental assessment and vessel-management plan, it also released a proposed Finding of No Significant Impact (FONSI). Issuance of the FONSI meant that the park service did not need to conduct a more thorough study of the environmental effects of increased watercraft traffic under its revised vessel-management plan or prepare an environmental-impact statement as required by NEPA for actions that might have a significant environmental impact. However, the FONSI and the environmental assessment both indicated that increased watercraft traffic would have definite effects on various wildlife but that the magnitude of the effects was unknown due to the park service’s lack of knowledge regarding such effects. The FONSI and environmental assessment also indicated that there was uncertainty as to how effective mitigation measures regarding increased watercraft traffic would be because no study of such measures had been conducted. The National Parks and Conservation Association (conservation association) (plaintiff) filed suit against the park service, arguing that its decision to forego the preparation of an environmental-impact statement was arbitrary and capricious. The district court granted summary judgment in favor of the park service, dismissing the case. The conservation association appealed.