BlueRibbon Coalition

Update: Yellowstone 2008-2009 Opening Ahead – Legal Action Pending

August 18, 2008

By Jack Welch, BlueRibbon Coalition
Special Projects Consultant
303-324-7185

As sledders enjoy the last days of summer in anticipation of a bountiful
fall, it is appropriate to review the winter use management status for
Yellowstone and Grand Teton National Parks.  The short story is that the
Parks are still scheduled to open, things are trending in our direction, and
it will be an active fall in the courtrooms as the various legal actions
will peak before the Parks open this time around.

The current winter use rule was finalized in mid-December, 2007 following a
lengthy public planning process.  The rule and the related Record of
Decision are designed to establish a long-term management strategy. The ROD
and final rule formalize changes and restrictions to winter access to the
Parks.  While BlueRibbon was disappointed by some of these changes, it is
important to keep a broader perspective and recognize that preservationist
forces have waged a full-court press on snowmobiling in the Parks for over a
decade.  They have pulled no punches in pushing a “zero tolerance”
snowmobile management philosophy.  In spite of this, the new winter use plan
allows for continued snowmobile access to the Parks.  However, the debate is
not over.

Even before the ink was dry on the ROD the Greater Yellowstone Coalition,
Wilderness Society and National Park and Conservation Association issued a
press release vowing, among other things, to “seek a court review.”  And
they did, filing two new lawsuits in U.S. District Court in Washington, D.C.
These lawsuits will be heard by the Honorable Emmett Sullivan, the judge
that issued an injunction prohibiting snowmobiling on the eve of the
2003-2004 season.

Like any good story, here the plot thickens.  Offsetting the two D.C. suits
are suits filed by the State of Wyoming and Park County, Wyoming in U.S.
District Court in Wyoming.  These lawsuits will be heard by the Honorable
Clarence Brimmer, who granted a motion for preliminary injunction in 2004
that essentially countered the D.C. injunction and “reopened” the Parks to
snowmobiling.  Both Wyoming cases involve challenges asserting the final
rule and ROD go too far and impose unjustified restrictions on snowmobile
use.

This time around we will hopefully have greater finality heading into the
season opener than in the 03-04 season.  All the cases are fully briefed,
and Judge Sullivan has scheduled argument on the merits for August 27, 2008,
while Judge Brimmer has scheduled argument on September 15, 2008.
BlueRibbon is a party to all these cases alongside our partners the
International Snowmobile Manufacturers Association (ISMA) and and American
Council of Snowmobile Associations (ACSA).  We will keep you apprised of
breaking news in any of these lawsuits.

Here is a summary of the key components of the new management plan:

* Reduced daily snowmobile entries to YNP from 720 to 540
* Requirements for 100% BAT and 100% commercially guided snowmobile
  access
* Ceasing of maintenance of the Continental Divide Scenic Trail, but
  allow trailering of snowmobiles between Flagg Ranch and Moran
  Junction, and travel by non-BAT snowmobiles between Flagg Ranch and
  West Yellowstone via National Forest System trails
* Requirements for BAT snowmobiles for fishing access on Jackson Lake.

You may also recall that access through the East Gate-Sylvan Pass has been a
controversial topic.  The final rule and ROD basically closed this entrance
to all travel, including snowmobiling.  In response to vociferous opposition
from Park County, the State of Wyoming and other interests, the Park Service
convened a “study group” and in early June revised the final rule and ROD to
keep Sylvan Pass open and allow up to 30 daily snowmobile entries through
the East Gate.  This access depends on continuing Park Service approval that
conditions are appropriate for access, based on numerous factors including
weather, safety, equipment and fiscal constraints.

In closing, the Park is scheduled to open December 15, 2008 and close
March 15, 2009.  For further updates on the litigation please visit and
bookmark our dedicated Yellowstone website at www.saveyellowstonepark.com.
I hope you will plan to visit and enjoy Yellowstone and Grand Teton National
Parks this winter.