Posted on 01/24/2004 6:44:29 PM PST by farmfriend
Wyoming judge rails at counterpart in Yellowstone case
By ROBERT W. BLACK
Associated Press Writer
CHEYENNE, Wyo. (AP) - A federal district judge from Wyoming railed at a counterpart in the nation's capital Friday for seizing jurisdiction in a dispute over whether snowmobiles should be banned from Yellowstone and Grand Teton national parks.
''I don't see any reason why a judge 2,000 miles from here ought to be deciding things that affect the people of Wyoming,'' U.S. District Judge Clarence Brimmer said of a ruling last month by U.S. District Judge Emmet Sullivan in Washington, D.C.
Sullivan ordered a phase-out of snowmobiles Dec. 16, the day before the snowmobile season was to start, beginning this winter and a complete ban by next winter. The opinion threw a wrench into plans by rangers, tourists and businesses that rely on the sleds.
Brimmer's comments came during the first day of a hearing in which he will consider a request by the state of Wyoming and snowmobile makers for an injunction blocking Sullivan's ruling, which would allow only mass transit snowcoaches in the parks by next winter.
The state has asked Brimmer to revive a case originally filed in 2000 that challenged a Clinton administration ban of snowmobiles.
That case led to a settlement in 2001 between the Bush administration, and the state and snowmobile groups. The settlement reduced the number of snowmobiles allowed in the parks and the Rockefeller Memorial Parkway connecting them but did not ban the machines.
In reopening the earlier case, Brimmer agreed with the state that the National Park Service took too long to develop its latest plan to allow snowmobiles. He also said that Sullivan's decision tossed out the settlement, opening the door for the case to be litigated again.
Wyoming Attorney General Pat Crank asked Brimmer to consider two options: ordering reinstatement of a National Park Service plan issued March 25 allowing the machines to continue with certain restrictions, or returning to virtually unlimited snowmobile access that existed before the Clinton-era ban.
Doug Honnold, an attorney for Earthjustice representing several environmental groups, questioned whether Brimmer could overturn Sullivan's ruling.
Brimmer interrupted: ''I have no intent of reversing Judge Sullivan's order. I may ignore it, but I might not reverse it. I don't think I can.''
When Honnold suggested the state was only venue shopping because it lost in Sullivan's court, Brimmer broke in again, saying, ''Kind of like you folks did. You did an end run to Washington.''
In asking for a temporary restraining order or preliminary injunction, Crank said the effect of Sullivan's ruling was causing ''catastrophic, irreparable harm'' to businesses that relied in good faith on a ruling from the Park Service allowing the machines in the parks.
The issuance of the rule came five days before Sullivan overturned it.
Crank also said Wyoming is suffering due to lost tax revenue, interference with its sovereignty and lost ability to manage fisheries at Jackson Lake because of the sled ban.
''I'm going to be frank, your honor, this winter season is probably trashed,'' he said. Crank said he is hoping a favorable ruling will help businesses recover from this year's losses and prepare for next winter.
Andrew Emrich, an attorney with the U.S. Department of Justice, told Brimmer that the Park Service prefers the 2003 rule because it took into account new technology that resulted in cleaner, quieter machines. But he also said there is legal precedent for Sullivan reverting to a 2001 rule that called for the eventual ban.
Various business owners also took the stand Friday to outline their losses since Sullivan's ruling.
Bob Coe, owner of Pahaska Teepee Resort near Yellowstone's east entrance, said he had to lay off 12 employees on Christmas Eve and three more Jan. 1. His resort is now closed three days a week.
''It's been devastating,'' he said.
Revenues for Jan. 1-20 were off $49,400 from the same period in 2003, Coe said.
Selling his snowmobiles and purchasing snowcoaches would be too costly and impractical because of the danger of going over Sylvan Pass, which is more traversable by snowmobiles, he said.
Clarene Law, who operates four hotels in Jackson, said that from Dec. 20-Jan. 22, business was off $122,200 compared to last season. She said the snowmobile ruling is likely the main reason.
The hearing is expected to resume Monday.
In Washington, the state has appealed Sullivan's decision.
I wonder what that would be?
Agreed. The six Senators that represent Yellowstone could form a powerful voting block in DC if they were to act and vote together. The founding fathers gave us the Senate makeup for situations such as this, where a sparsely populated region suffers under the tyranny of the majority.
Unfortunately the people of Montana keep reelecting Max Baucus. The good people who represent Yellowstone; Enzi, Thomas, Burns, Craig & Crapo need to forge a Western Lands Caucus with Nevada & Utah and threaten to shut things down if the tassle-loafered east coast busy-bodies don't keep the hell out of our part of the country.
(OK I live in California, but I used to live in SW Montana and plan on moving back there or to Wyoming some day, so I can say OUR part of the country.)
An appeal outside the 9th circuit court by the Wyoming Attorney General and the Wyoming Governor, requesting an injunction for relief.
There is a third and more serious possibility- what county in Wyoming is Yellowstone Park located within? The County Commissioners can enact an ordinance that requires all existing roads be open in winter "for public safety, health, and wefare" (police powers) to snowmobile transportation, and prohibit any person from interfereing with that local ordinance through criminal penalties- arresting anyone who attempts to disobey that ordinance- park agents obviously.
You'll see the case brought right back to Brimmer and an equitable resolution in minutes.
I'm a Montana legislator and this venue shopping is sickening.
Technically speaking, it's not possible to "trash" Yellowstone!
You aren't serious are you? There are lots of places in this country that people call home, where they run businesses and own property that are at great risk of natural disaster. Shall we forget all about their rights too? It could be several lifetimes before anything happens in the Yellowstone caldera.
As the Reggae song says "Volcano gonna' go", and that's all there is to it. Might be several lifetimes ~ might be tomorrow ~ it really doesn't matter. Yellowstone will blow up again and with it all the snowmobile tracks and pollution.
I say, "Let 'em ride"
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