No decisions yet on park snowmobile plan
By Amanda H. Miller, Jackson Hole, Wyo.
November 13, 2008
National Park Service officials are considering what action to take after a federal judge reinstated a 2004 temporary rule that allows 720 snowmobiles a day in Yellowstone National Park this winter.
Officials were already in the midst of developing a temporary plan that would allow 318 machines per day for this winter. Conservation groups hope the park will follow through with that plan, while snowmobile advocates hope the park will implement the 720-a-day figure.
“We’re still in a position of evaluating the ruling and seeing how it applies,” Yellowstone spokeswoman Linda Miller said Wednesday.
Park officials had been scrambling to put a temporary winter recreation plan in place before Dec. 15, when the park opens for the winter, after another federal judge in Washington, D.C., threw out the Park Service’s proposed permanent plan for allowing 540 snowmobiles a day in Yellowstone.
In a Nov. 7 decision, U.S. District Judge Clarence Brimmer in Wyoming criticized Washington, D.C., District Judge Emmet G. Sullivan for throwing out that plan. However, Brimmer declined to issue a ruling contrary to Sullivan’s decision because he had “no power or authority to amend, modify or revoke an order of another United States district judge.”
Instead, Brimmer said he reinstated the old temporary rule because it was unlikely that the National Park Service would have the ability to put into effect a rule for this winter in a timely manner.
“This will provide businesses and tourists with the certainty that is needed in this confusing litigation,” he wrote.
The National Park Service, however, has been working on a new temporary plan that would allow 318 snowmobiles and 78 snow coaches a day for three years or until the Park Service comes forward with another final rule. The final comment period on that temporary plan ends Nov. 20. Park Service officials have said they expect to implement the temporary plan by the time the park opens Dec. 15.
Conservation groups and snowmobile advocates disagree on what Brimmer’s ruling means for this coming winter.
Jack Welch, former president of the BlueRibbon Coalition, a snowmobile advocacy group, said he’s optimistic that the park would go forward with 720 snowmobiles a day for this winter.
“The reason [Brimmer is] doing it and why we’re pleased is that it provides stability and predictability for this coming season,” he said.
However, Amy McNamara, national parks program director for the Greater Yellowstone Coalition, said the reaffirmation of Sullivan’s decision and the park’s plan for 318 snowmobiles a day this coming winter is “very positive.”
The environmental assessment on the 318-machines-a-day plan and instructions on how to comment can be found at http://parkplanning.nps.gov/document.cfm?parkId=111&projectId=23430&documentID=25017. Comments must be received or postmarked by Monday.
Document requests may also be made by sending an e-mail to yell_win ter_use@nps.gov, by calling 307-344-2019 or by sending a request by fax to 307-344-2025.
