Snowmobile issue needs resolution

Posted 10/1/09

After 10 long years of legal wrangling, the debate about snowmobiles in Yellowstone National Park lumbers on with no end in sight.

It's unlikely that either side engaged in the legal tussle will emerge as a clear-cut victor.

The 10th U.S. …

This item is available in full to subscribers.

Please log in to continue

E-mail
Password
Log in

Snowmobile issue needs resolution

Posted

After 10 long years of legal wrangling, the debate about snowmobiles in Yellowstone National Park lumbers on with no end in sight.It's unlikely that either side engaged in the legal tussle will emerge as a clear-cut victor. The 10th U.S. Circuit Court of Appeals last week heard arguments about a temporary rule put in place by Wyoming's U.S. District Judge Clarence Brimmer in late 2008. Brimmer limited the daily number of snowmobiles in the park to 720 until the National Park Service could put a new, permanent rule in place.The Park Service tried to do just that in 2007 when its “final” plan set the daily limit at 540 snow machines. Environmental groups — who want the machines banned in the park altogether — appealed the decision to the U.S. District Court for the District of Columbia, making the argument that 540 machines would have a sizable environmental impact.The state of Wyoming and Park County followed suit by appealing in the U.S. District Court in Wyoming. Their contention: 540 was too low. A judge in each court has since issued a decision, but questions of jurisdiction and intent have left the door open for continued legal battles.The yet-unresolved question of who has the ultimate authority to make a decision regarding snowmobile numbers — the Park Service, the D.C. judge or the court in the state of Wyoming — leaves too many issues hanging in limbo. A reasonable compromise that everyone can live with — somewhere between 0 and 720 — would put an end to the legal bickering. Snowmobile enthusiasts and business owners in gateway communities deserve to know what the future holds in terms of winter recreation in Yellowstone.U.S. Circuit Judge Wade Brorby asked at least week's hearing, “Does justice require an end to litigation?”We think the answer is a resounding “Yes.”

After 10 long years of legal wrangling, the debate about snowmobiles in Yellowstone National Park lumbers on with no end in sight.

It's unlikely that either side engaged in the legal tussle will emerge as a clear-cut victor.

The 10th U.S. Circuit Court of Appeals last week heard arguments about a temporary rule put in place by Wyoming's U.S. District Judge Clarence Brimmer in late 2008. Brimmer limited the daily number of snowmobiles in the park to 720 until the National Park Service could put a new, permanent rule in place.

The Park Service tried to do just that in 2007 when its “final” plan set the daily limit at 540 snow machines.

Environmental groups — who want the machines banned in the park altogether — appealed the decision to the U.S. District Court for the District of Columbia, making the argument that 540 machines would have a sizable environmental impact.

The state of Wyoming and Park County followed suit by appealing in the U.S. District Court in Wyoming. Their contention: 540 was too low.

A judge in each court has since issued a decision, but questions of jurisdiction and intent have left the door open for continued legal battles.

The yet-unresolved question of who has the ultimate authority to make a decision regarding snowmobile numbers — the Park Service, the D.C. judge or the court in the state of Wyoming — leaves too many issues hanging in limbo. A reasonable compromise that everyone can live with — somewhere between 0 and 720 — would put an end to the legal bickering. Snowmobile enthusiasts and business owners in gateway communities deserve to know what the future holds in terms of winter recreation in Yellowstone.

U.S. Circuit Judge Wade Brorby asked at least week's hearing, “Does justice require an end to litigation?”

We think the answer is a resounding “Yes.”

Comments