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09-04-2004, 08:20 AM
Montana, Wyoming ask judge to strike snowmobile ban
Associated Press
CHEYENNE (AP) - Attorneys for snowmobile manufacturers, winter resorts and the states of Montana and Wyoming on Thursday implored a judge to strike down, once and for all, a Clinton-era rule banning snowmobiles in Yellowstone and Grand Teton national parks.
Doing so would provide certainty for businesses that rely on winter use of the parks and prevent a federal judge in Washington, D.C., from resurrecting the ban a second time, the lawyers argued.
"This thing keeps showing up," Wyoming attorney Jay Jerde told U.S. District Judge Clarence Brimmer. The Clinton-era rule "has not been struck down by any court or ruled invalid by any court."
Although the ban was eventually set aside under a settlement agreement and new rules were drafted allowing limited numbers of snow machines into the parks, U.S. District Judge Emmet Sullivan in Washington overturned the regulations and reimposed the Clinton rule, which went into effect in 2001 on the eve of the 2003-04 snowmobiling season. Sullivan ordered a cutback of snowmobile use that season and a complete ban by this coming winter.
Brimmer set aside Sullivan's decision in February and ordered temporary rules be implemented for the rest of the 2003-04 season.
The Park Service now is planning new regulations to cover the next three winters, rule-making that attorneys for the federal government and environmental groups said should be allowed to continue.
"The merits of that rule need to have their day in court," argued Abigail Dillen of Earthjustice, a Bozeman, Mont., firm representing the Greater Yellowstone Coalition.
Both sides agreed that if Brimmer strikes down the 2001 rule, the Park Service would likely have to revert, at least temporarily, to its 1983 rule allowing unregulated snowmobiling. Brimmer was clearly uncomfortable with that option, given the consensus that limits on the snowmobiles are necessary to protect the park's wildlife and reduce noise.
Among the spectators in courtroom was Yellowstone Superintendent Suzanne Lewis and other Park Service officials.
"It's an information learning experience," she said during a break in the hearing. "We attended the hearing in Washington. We attend here."
Attorneys for the plaintiffs argued that dumping the Clinton-era ban would give certainty to businesses near Yellowstone that rent snowmobiles, house winter tourists and offer guided tours - something they didn't have last winter.
"You're in the position to provide that certainty," Jerde told Brimmer.
William Horn, representing the International Snowmobile Manufacturers Association, said if a legal challenge is mounted against the upcoming snowmobiling rules, Sullivan might again invoke the ban that was approved in the waning days of the Clinton administration.
He also agreed with Jerde's claim that the ban was politically motivated, that federal law was circumvented by limiting public debate and stymieing participation by Montana and Wyoming.
"The deal was done. The fix was in," he said.
Attorney Keith Burron, representing Montana, said the state feels strongly about protecting Yellowstone's natural resources but that the effects on businesses were not fully considered.
"There are some extreme gateway community impacts," he said. "That's why Montana is in this case now."
Andrew Emrich, an attorney with the U.S. Department of Justice, argued that the 2001 rule was legally developed and that the Park Service should be allowed to proceed with preparation of the upcoming rules.
Brimmer pressed Emrich to make sure all parties have a chance to participate. Emrich said they would.
Brimmer criticized Sullivan several times for asserting jurisdiction in a case that began in Wyoming in 2000.
"I think this appearance of quarreling or competition between two U.S. district courts is most unseemly," he said. "He shouldn't have done it because this court had jurisdiction in the first place."
Brimmer said he would issue a decision later, then directly addressed Yellowstone officials in the courtroom, saying, "I do have no intention of supplanting your jurisdiction in running the park."
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/09/03/build/wyoming/20-snomo-ban.inc
Associated Press
CHEYENNE (AP) - Attorneys for snowmobile manufacturers, winter resorts and the states of Montana and Wyoming on Thursday implored a judge to strike down, once and for all, a Clinton-era rule banning snowmobiles in Yellowstone and Grand Teton national parks.
Doing so would provide certainty for businesses that rely on winter use of the parks and prevent a federal judge in Washington, D.C., from resurrecting the ban a second time, the lawyers argued.
"This thing keeps showing up," Wyoming attorney Jay Jerde told U.S. District Judge Clarence Brimmer. The Clinton-era rule "has not been struck down by any court or ruled invalid by any court."
Although the ban was eventually set aside under a settlement agreement and new rules were drafted allowing limited numbers of snow machines into the parks, U.S. District Judge Emmet Sullivan in Washington overturned the regulations and reimposed the Clinton rule, which went into effect in 2001 on the eve of the 2003-04 snowmobiling season. Sullivan ordered a cutback of snowmobile use that season and a complete ban by this coming winter.
Brimmer set aside Sullivan's decision in February and ordered temporary rules be implemented for the rest of the 2003-04 season.
The Park Service now is planning new regulations to cover the next three winters, rule-making that attorneys for the federal government and environmental groups said should be allowed to continue.
"The merits of that rule need to have their day in court," argued Abigail Dillen of Earthjustice, a Bozeman, Mont., firm representing the Greater Yellowstone Coalition.
Both sides agreed that if Brimmer strikes down the 2001 rule, the Park Service would likely have to revert, at least temporarily, to its 1983 rule allowing unregulated snowmobiling. Brimmer was clearly uncomfortable with that option, given the consensus that limits on the snowmobiles are necessary to protect the park's wildlife and reduce noise.
Among the spectators in courtroom was Yellowstone Superintendent Suzanne Lewis and other Park Service officials.
"It's an information learning experience," she said during a break in the hearing. "We attended the hearing in Washington. We attend here."
Attorneys for the plaintiffs argued that dumping the Clinton-era ban would give certainty to businesses near Yellowstone that rent snowmobiles, house winter tourists and offer guided tours - something they didn't have last winter.
"You're in the position to provide that certainty," Jerde told Brimmer.
William Horn, representing the International Snowmobile Manufacturers Association, said if a legal challenge is mounted against the upcoming snowmobiling rules, Sullivan might again invoke the ban that was approved in the waning days of the Clinton administration.
He also agreed with Jerde's claim that the ban was politically motivated, that federal law was circumvented by limiting public debate and stymieing participation by Montana and Wyoming.
"The deal was done. The fix was in," he said.
Attorney Keith Burron, representing Montana, said the state feels strongly about protecting Yellowstone's natural resources but that the effects on businesses were not fully considered.
"There are some extreme gateway community impacts," he said. "That's why Montana is in this case now."
Andrew Emrich, an attorney with the U.S. Department of Justice, argued that the 2001 rule was legally developed and that the Park Service should be allowed to proceed with preparation of the upcoming rules.
Brimmer pressed Emrich to make sure all parties have a chance to participate. Emrich said they would.
Brimmer criticized Sullivan several times for asserting jurisdiction in a case that began in Wyoming in 2000.
"I think this appearance of quarreling or competition between two U.S. district courts is most unseemly," he said. "He shouldn't have done it because this court had jurisdiction in the first place."
Brimmer said he would issue a decision later, then directly addressed Yellowstone officials in the courtroom, saying, "I do have no intention of supplanting your jurisdiction in running the park."
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/09/03/build/wyoming/20-snomo-ban.inc