Judge rejects Yellowstone snowmobile ban

Last week, a federal judge in Wyoming ruled that the Clinton administration's ban on snowmobiles in Yellowstone National Park is illegal. U.S. District Judge Clarence Brimmer found that the National Park Service's plan to phase out the recreational vehicles in the park resulted from a "prejudged, political decision."

Snowmobile users, manufacturers and local businesses count the decision a victory. "His order justified and verified what we've been saying for a long time," said Ed Klim, a spokesperson for the International Snowmobile Manufacturers Association, a Haslett, Mich.-based organization that represents the four companies that manufacture snowmobiles.

Brimmer's decision stated that the ban violated the National Environmental Policy Act of 1969 because the Park Service failed to take a "hard look" at the environmental alternatives, did not involve cooperating agencies, did not allow the public adequate participation and made a prejudged decision.

But groups on both sides do not expect Brimmer's decision to end what has become a drawn-out legal battle. The Park Service has been sued by both pro- and anti-snowmobile groups in two different federal courts, one in Wyoming and one in Washington, D.C. Both sides say that what happens in Yellowstone, the nation's oldest national park, could set a precedent for all of the parks.

Nor is the ruling likely to change snowmobile regulations in the immediate future, as the ban never was put into effect. The Park Service set it aside in the early days of the Bush administration.

In 2003, the Park Service planned to allow 950 snowmobiles to enter the park each day. Shortly before the season began, U.S. District Judge Emmet Sullivan vacated the 2003 regulations and ordered the Park Service to begin the phase-out. An average of 258 snowmobiles entered the park each day. The rule was finalized just days before the season began, resulting in confusion and frustration, especially among businesses that cater to snowmobile users.

This fall, the Park Service announced a temporary plan that would allow 720 snowmobiles into the park each day for the next three winter seasons while it completes a new environmental study into snowmobile technologies that advocates say make the machines cleaner and quieter. All of the machines allowed this year would have to meet standards for pollution and noise, and only riders on guided tours would be allowed into the park.

"We are continuing to move forward with the winter use plan," said Cheryl Matthews, a spokesperson for Yellowstone National Park. "Our intent is to bring some kind of certainty to this process." She says park managers are reviewing public comments, and the new rule will be finalized by early November.