In short: The comment establishes that the agency's analysis of IRA 418040 is deficient under NEPA and 40 CFR 1508.7 because it fails to account for cumulative effects and gene flow shared with IRA 418006, specifically regarding 14 species including the Suckley's Cuckoo Bumble Bee, and argues that the proposed rescission lacks the necessary factual and legal basis under the APA.
Scored directly — The comment's whole text was scored on its own.
Scorecard
Each dimension is scored 0–3; the eight sum to the substance score out of 24.
- Specific placeNames a specific location — from a region down to an exact creek, trail, road, or map reference.
- Local knowledgeDraws on a first-hand connection to the place — visits, sustained activity, occupation, or a professional role.
- EA analysisEngages the agency's environmental analysis directly.
- Analytical gapIdentifies something the analysis fails to address.
- EvidenceBacks claims with specific facts, data, or research.
- RequestMakes a specific, actionable request of the agency.
- AlternativeProposes a different course of action.
- LegalCites statutes, regulations, or legal obligations.
How hard it is to set aside
A1 strong: Must be answered — it names the law.
Owed an answer on Analytical gap, Evidence, Legal.
Standard dismissals it defeats
- Already addressed The agency says its analysis already covers the point. Defeated when the comment cites the law itself: there is no analysis to cite against a statutory claim.
- Misreads the proposal The agency says the comment misunderstands what is proposed. Defeated when the comment engages the proposal or a named place directly.
- No cause and effect shown The agency says the comment asserts a harm without showing how the action causes it. Defeated when the comment shows the mechanism.
- Outside the scope The agency says the comment asks about a different action. Defeated when the comment is specific and tied to this proposal.
- Certified not substantive The agency certifies the comment raises nothing substantive. Defeated when the comment alleges illegality, which is substantive by the definition the certification runs on.
Still open to the agency
- Alternative already eliminated The agency says it considered and eliminated the alternative the comment proposes, with a reason. Cannot be defeated from the comment text alone.
- Deferred to a later decision The agency says the point belongs to a later, site-specific decision. Cannot be defeated from the comment text alone.
- Not required The agency says the analysis the comment asks for is not required. Cannot be defeated from the comment text alone.
- Preference noted The agency notes the comment as a statement of preference and takes no action on it. Cannot be defeated from the comment text alone.
Topics
- Wildlife Habitat
- “Native habitat, reintroduction of species like beavers and fish help restore the environment”
- “14 species move between these IRAs, including imperiled species: Suckley's Cuckoo Bumble Bee (G2)”
- “Road construction in either IRA severs this exchange, isolating populations that depend on movement between areas for genetic diversity”
- Environmental Protection Biodiversity
- “Money can't replace native species, native/historical dinosaur foot prints, rock art”
- “fragmentation impacts are invisible at the single-area scale”
- “reduction of gene flow between subpopulations may lead to greater inbreeding and loss of genetic diversity”
- Recreation Tourism Public Use
- “For someone who plans trips around what public land hasn't been developed”
- “I live and recreate in Utah. Bears ears, uinta mountains”
- “There are multitudes of alpine lakes that you can't drive to, you have to hike to”
- Legal Regulatory Framework
- “Under 40 CFR 1508.7, the ecological connection... constitutes a cumulative effects relationship”
- “Analyzing either area without reference to the other violates NEPA's cumulative impact mandate”
- “The proposed rescission lacks the factual and legal basis necessary to satisfy APA requirements”
The comment
Shaded passages are the ones the analysis quoted as evidence for a dimension: Analytical gapEvidenceLegal