Federal Courts Rock the Park Service Over Yellowstone Snowmobiles!

Since our group was founded, Rock the Earth has been fighting in a battle over the winter use of Yellowstone National Park, along with its sister Grand Teton National Park (“Parks”). During winter months, the impressive natural beauty of the Parks is enhanced by the peace and tranquility of the hibernal setting. The source of the struggle is the National Park Service’s rules regarding the use of snowmobiles in the National Parks, described in more detail in our December 2007 newsletter.

The latest round in that battle went to conservationists on Monday, September 15. Vindicating the positions taken by RtE since 2002, a federal District Court judge ruled that the National Park Service’s Winter Use Plan for the Parks (“Plan”), allowing for up to 540 snowmobiles per day to enter the Parks, was “arbitrary and capricious,” unsupported by the record and contrary to law.” Opinion available here (.pdf file). The District Court found that the Plan violated the Park Service’s Organic Act by “elevating use over conservation” and that the Park Service violated the Administrative Procedures Act by failing to “provide a rational explanation for the source of the 540 snowmobile limit,” resulting in a decision that was “arbitrary and capricious.”

The Court also found that the Plan violated the National Environmental Protection Act (“NEPA”). NEPA “generally requires federal agencies to examine the environmental effects of proposed federal actions and to inform the public of the environmental concerns that were considered in the agency’s decision making.” Opinion, page 10. The Court found that the National Park Service failed to provide a “clear analysis of alternatives” as NEPA requires. The areas where the court found problems included the Plan’s failure to properly analyze and address impacts to the Parks’ soundscape, impacts on wildlife in the parks and increases in air pollution. The Court went so far as to say that the Plan “provides ‘no rational connection between the facts found and the choice made.’” Opinion, page 62.

Of course, this decision is not the end of this process; the National Park Service will most likely adopt a temporary plan for the 2008-2009 Winter Use Season and work to develop a long-term resolution. RtE will remain engaged and continue to urge the National Park Service to develop an appropriate Winter Use Plan for the Parks.

To read more about this important issue, please see the online Project Page.

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