Judge upholds sled cut

Posted 9/17/09

Last year, as part of a convoluted legal battle, Brimmer ordered that the Park Service keep levels at 720 per day until they came up with “an acceptable rule to take its place.”

In July, the Park Service announced its intent to …

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Judge upholds sled cut

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Says he can't set yellowstone park snowmobile levels this yearA federal district court judge will not block the National Park Service's plans to cut the number of snowmobiles allowed into Yellowstone this winter.On Wednesday, Wyoming District Court Judge Clarence Brimmer ruled he could not halt the park service's plans to cut the maximum number of snowmobiles allowed in the park each day from 720 to 318.

Last year, as part of a convoluted legal battle, Brimmer ordered that the Park Service keep levels at 720 per day until they came up with “an acceptable rule to take its place.”

In July, the Park Service announced its intent to temporarily allow just 318 machines per day while it works on a new final rule (down from the 720 it has allowed since 2004).

The state of Wyoming and Park County objected, arguing that the Park Service was supposed to keep the level at 720 until the new permanent rule is finalized. They asked him to block the park service's plans.

However, the reason the Park Service is drafting a new permanent rule is because, also last year, a district court judge in the District of Columbia voided the park's proposed rule to allow 540 machines each day. That judge sided with the National Parks Conservation Association, ruling that 540 per day were too many and damaging Yellowstone's environment.

So when Brimmer ruled that the park service should keep levels at 720 per day, the National Park Conservation Association appealed that decision.

Because the case is on appeal, Brimmer said he no longer had the authority to enforce his judgement.

For more, see Tuesday's Tribune.

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