A three-judge panel on the 10th Circuit Court of Appeals heard arguments Friday about Yellowstone's controversial snowmobile limits, but it's unclear what — if any — impact their decision will have on this winter season.Robert Rosenbaum, an attorney for the National Parks Conservation Association (NPCA), opened oral arguments by stating that the decision, “will significantly affect the upcoming winter season of Yellowstone National Park,” but the court was skeptical.

At issue is a temporary plan issued by a Wyoming judge last year.

Since the National Park Service is currently working to finalize a new, temporary rule of 318 snowmobiles per day to replace that judge's plan, Judge Neil Gorsuch of the appeals court questioned whether the case was already moot.

The Park Service had intended to permanently set the daily limit at 540 machines per day.

However, as soon as the plan was finalized in 2007, environmental groups, such as the NPCA — that want snowmobiles banned from Yellowstone — appealed the decision in the federal District Court for the District of Columbia.

Soon after, the state of Wyoming and Park County also appealed the decision in the federal District Court of Wyoming, arguing that 540 was too low.

Judges in both districts denied motions seeking to transfer the case to the other judge's jurisdiction.

That set up what state assistant attorney general James Kaste called, “a civil procedure nightmare” in arguments on Friday.

On Sept. 15, 2008, Judge Emmet Sullivan, in D.C., sided with the environmental groups and found that 540 daily snowmobiles would cause too great an environmental impact. The judge threw out the park service's plans and ordered them to start the process over, but he left no interim plans in place.

On Nov. 7, 2008, Judge Clarence Brimmer in Wyoming issued his own decision. Brimmer found that he could not alter Sullivan's decision, but he did issue a temporary plan.

To “provide businesses and tourists with the certainty that is needed in this confusing litigation,” Brimmer ordered that the park allow 720 machines a day, “until such time as the (Park Service) can promulgate an acceptable rule to take its place.”

Exactly what that means has been a subject of debate.

Judge Gorsuch described Brimmer's decision as saying the 720 rule would remain in place, “until (the National Park Service) comes up with something.”

“If NPS comes up with something: what's left to come up with?” asked Gorsuch, suggesting that the temporary rule of 318 snowmobiles fits that requirement.

However, the state of Wyoming contends that Brimmer's order was intended to last until a new permanent rule is in place, and that it prohibits the Park Service from drafting its own temporary rule.

The state and Park County asked Brimmer to clarify his order and force the Park Service to keep snowmobile levels at a 720 ceiling. However, with the case on appeal, Brimmer ruled on Sept. 16 that he lacked the jurisdiction to do that.

Last week, the state asked the appeals court to give the case back to Brimmer to allow him to clarify his intent.

“If he (Brimmer) thinks we're off our rocker for making this argument, he'll tell us,” said Kaste.

However, the NPCA contends that Brimmer did not have the authority to set a temporary rule of 720 machines, as the issue was moot.

Rosenbaum said the case was over when Sullivan ruled — which is why the NPCA appealed Brimmer's decision to the 10th Circuit appeals court. He added that Judge Sullivan took “great umbrage” with the Park Service's decision to allow 720 machines last season. Rosenbaum argued that if an interim rule is to be ordered, it should come from Judge Sullivan.

He said Sullivan has said it's not his role to decide what should be done, that it is up to the Park Service.

“That's why he was so upset when the Park Service was not doing something consistent with his order,” said Rosenbaum.

Judge Wade Brorby appeared to agree with Kaste that Brimmer's order did not directly clash with Sullivan's decision.

“He said, ‘I disagree with it and the D.C. judge is a turkey, but I uphold it,'” said Brorby.

Because the decisions addressed different issues, Brorby said he had a hard time calling the case moot.

The court noted the long history of the legal battle, which began more than 10 years ago.

“Does justice require an end to litigation?” Brorby asked.

“God, I hope so,” responded Kaste.

“But not until you get what you want,” quipped the judge, drawing laughter from the audience.

No end appeared in sight on Friday.

When the next set of winter rules take effect, asked Brorby, “Are we going to have a race to the court in D.C. and Wyoming?”

“Unfortunately, that's probably going to happen again,” said Kaste.

Rosenbaum told the judges that their decision would shape the way the battle plays out in the future.