http://www.cnn.com/2004/US/Central/02/10/yellowstone.snowmobiles.ap/index.html

Snowmobile ban in parks overturned

CHEYENNE, Wyoming (AP) -- A federal judge blocked severe restrictions on snowmobiles in Yellowstone and Grand Teton national parks Tuesday, nearly two months after they were put in place.

U.S. District Judge Clarence Brimmer in Wyoming ruled the restrictions would cause irreparable harm to companies that rely on snowmobiling in the parks due to lost business.

Brimmer issued a temporary restraining order against the restrictions and ordered the National Park Service to develop temporary rules for the rest of the 2004 season including use of cleaner, quieter snowmobiles.

It was not immediately clear what the next legal step would be, or what rules would be in effect for the 2005 season.

In December, just before the snowmobile season in the parks, U.S. District Judge Emmet Sullivan in Washington, D.C., reinstated a Clinton administration plan to ban snowmobiles in favor of less-polluting mass-transit snow coaches.

Sullivan's ruling allowed a limited number of snowmobiles in the parks this winter, but all had to be part of commercially guided trips. The ruling called for a complete ban next winter.

Snowmobile manufacturers and Wyoming officials appealed Sullivan's ruling, saying the phase-out would devastate communities that rely on winter tourism.

Environmental groups support the ban, arguing that snowmobiles create air and noise pollution in the parks and endanger the health of park workers. They also contend that the snowmobiles harass and hurt wildlife.

Sullivan's ruling scuttled a 2001 settlement between the Bush administration and the state and snowmobile groups.

The settlement did not ban snowmobiles, but reduced the number of the vehicles allowed in the parks and required cleaner-burning machines.

"temporary" being the key word in that whole article....


we need to keep the pressure on our officials and the Park service to find a solution that works for everyone.


:usa:

BLUERIBBON COALITION, INC.

www.sharetrails.org



NEWS RELEASE



FOR IMMEDIATE RELEASE

Contact:
Jack Welch – Phone 303.279.8436

Bill Dart – Phone 208.237.1008 or Cell Phone 208.244.2112


Date: February 11, 2004







BLUERIBBON COALITION HAILS DECISION ON YELLOWSTONE SNOWMOBILE ACCESS



CHEYENNE, WY (Feb. 2004) - In a move hailed by the BlueRibbon Coalition, late yesterday U.S. District Judge Clarence Brimmer issued a preliminary injunction allowing continued snowmobile access to Yellowstone and Grand Teton National Parks. The ruling came upon motions brought by snowmobile manufacturers, the BlueRibbon Coalition, the State of Wyoming and other snowmobile supporters seeking to suspend implementation of a final rule finalized in early 2001, on the last day of the outgoing Clinton administration. Under Judge Brimmer’s order, the Park Service is temporarily restrained from enforcing the 2001 rule, which limited snowmobile entries this season to half of historical levels and would have prohibited all snowmobile access in favor of mass-transit snowcoaches starting in December 2004. Judge Brimmer further ordered the agency to “promulgate temporary rules for this 2004 snowmobile season that will be fair and equitable to snowmobile owners and users, to the business community, and to the environmental interests….” Judge Brimmer’s decision partly reflected a concern that the 2001 rule was a “prejudged political decision” as evidenced by the outgoing administration’s ability to issue a final rule on its last day in office, one day after the close of a public comment period in which some 5,000 comments to the rule were submitted.



“This is a great victory for all in the snowmobile community who have fought at every step of the process for access at Yellowstone,” stated Jack Welch, President of the BlueRibbon Coalition. “We continue to believe the Park Service was correct in allowing regulated snowmobile access to these special destinations, and this decision gives us some hope that our access to Yellowstone Park will be preserved. We will enjoy this new chapter in the Yellowstone saga, but realize it may not be the last and will renew our efforts to maintain reasonable access to the Parks,” Welch concluded.



The motions were brought in a case that was filed in 2000 in U.S. District Court in Wyoming by the International Snowmobile Manufacturers Association, BlueRibbon Coalition and others, which contends the 2001 rule violated various laws and failed to provide proper winter recreational access to the Parks. Wyoming joined in that case, which was suspended following a settlement agreement under which the Park Service would consider previously unstudied advances in snowmobile technology. The outcome of that new analysis was announced in March, 2003, and the associated final rule would have allowed regulated snowmobiling primarily by guided tour using “clean” snowmobiles meeting aggressive sound and emission requirements. However, the 2003 rule was invalidated on December 16, 2003, by a U.S. District Judge in the District of Columbia and the 2001 rule resurrected. Following the December 16th ruling, Wyoming successfully moved to re-open the case before Judge Brimmer.



Wyoming and the snowmobile advocates put on witness testimony describing the adverse impacts that have already occurred this season as a result of the reductions in snowmobile access and the confusion surrounding the status of snowmobile in Yellowstone Park. Various business owners and state officials testified that entries to the Park, and associated tourism revenues, are well below historical levels since the 2003 rule was invalidated. The witnesses particularly focused on the loss of jobs and income in the tourism-dependent gateway communities surrounding the Park, such as Jackson and Pahaska Teepee, Wyoming, and West Yellowstone, Montana.





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The BlueRibbon Coalition is a national recreation group that champions responsible use of public lands. It represents over 1,100 organizations and businesses with approximately 600,000 members.