Forest Service Blocks Ski Area Expansion onto Public Lands

Forest supervisor says expansion would be "against public interest."

In a letter dated November 5, 2009, the Forest Supervisor for the Grand Mesa, Uncompaghre and Gunnison National Forests rejected an application by the Crested Butte Ski Resort for a special use permit to expand onto national forest land on nearby Snodgrass Mountain. The resort owners had sought the expansion in part to develop more beginner and intermediate ski runs to broaden their appeal. In a decision that shows which way the winds are blowing in the Forest Service, the Forest Supervisor determined that although the plan met the minimum initial screening requirements, the expansion failed second-level review as against the public interest, citing 36 CFR 251.54(e)(5).

The Forest Supervisor made his adverse public-interest finding on the basis that, among other things, the expansion (a) lacked community support, (b) posed too many economic and social costs, (c) would place too much development pressure on the surrounding area, changing its character, (d) was problematic in light of the fact that Snodgrass Mountain is in an Inventoried Roadless Area (IRA), (e) would impinge on lynx habitat, and (f) would require an extensive and costly NEPA process for which there was insufficient justification in light of all the other concerns.

The Forest Supervisor's citation of the fact that the proposed expansion is in a roadless area is particularly interesting in light of the fact that the Roadless Rule's fate is not yet decided (as I explained in this post, last week)--and in light of the fact that the Obama Administration has recently filed briefs on behalf of the Roadless Rule, reversing eight years of Bush Administration litigation strategy. Obviously, this Forest Supervisor has gotten the memo. He wrote:

Several Federal Circuit Courts are currently considering the future management of IRAs. A final decision on how ski areas can develop ski facilities in IRAs may be several years away. It is very reasonable to expect; however, that any decision to develop Snodgrass Mountain will be challenged based upon consistency with both the intent and ecological values of roadless areas.

His analysis of community support for the project was also interesting. The project has engendered significant opposition. (Friends of Snodgrass Mountain, which was formed to fight the project, has an only-in-Colorado slogan: "It's Not Light. It's Not Intermediate. And It Won't Work!"). But opposition is not unanimous. Here, the Forest Supervisor cited the lack of unanimous support as a reason that the project is not in the public interest, whereas one might expect the Forest Service in prior administrations to cite the lack of unanimous opposition as a basis for moving ahead. See Nov. 5, 2009 Letter at p. 2 ("Based on what I have heard and read, I am convinced that the community is deeply divided over the proposed development of Snodgrass Mountain."). Almost any project that would require NEPA review could be said to "deeply divide" local communities--there are a lot of environmental litigators who would love to see this cited as a reason not to perform NEPA review, or to choose a no-build alternative to a proposed project. (Especially since project proponents so often form pro-development citizens groups that would not have arisen spontaneously.)

The owners of the ski resort released a press statement today expressing their disappointment in the decision. They said they were "blindsided" by the decision, and had thought, based on earlier interactions with the Forest Service, that everything was going well for them. They also complain that many other ski areas in Colorado have gotten special use permits for similar expansions in the past, and expected that they would be able to get one as well. The release ends with positive statements about what the expansion "will" provide to the resort and the community, perhaps indicating the owners' intent to appeal the Forest Service's decision.

If they do appeal, they will have to go to federal court, as the letter specifies that the decision is not subject to administrative review.

Press coverage of the development can be read in the Denver Post, here.