Yellowstone becomes prize in legal tug of war


Friday, March 26, 2004
By John Krist


By using less fuel and producing less exhaust, snowcoaches offer a cleaner alternative to snowmobiles in Yellowstone National Park, while still allowing visitors to see the wonders of Yellowstone in the wintertime.
VENTURA, California — Compared to the flood of visitors that washes over Yellowstone National Park during the summer, the number of people making their way during winter into that fabled realm of geysers, hot springs, bison, elk, and wolves is but a trickle.

Visitation between December and March is seldom more than 1,000 people a day, whereas in June, July, and August — when most of the park's 3 million annual visitors arrive — a crowd that size may be found at eruption time on the boardwalk around Old Faithful.

Yet that relatively tiny number of winter visitors is at the heart of a very large legal, political, and philosophical dispute, one that in the past few weeks has taken a dizzying number of twists. The conflict is emblematic of an old paradox built into the national park system and reflects a deep and irreconcilable division in the way Americans perceive their native landscape.

On the surface, the dispute is about snowmobiles. Four years ago, the Clinton administration announced it would phase out the machines' use in Yellowstone and Grand Teton national parks, cutting the permitted number in half for the winter of 2002-03 and banning them altogether in 2003-04. Prohibiting the polluting machines was the only way, the National Park Service (NPS) concluded, that it could comply with federal standards regarding park air quality.

The decision to ban the machines was not reached abruptly. The NPS began working on its winter management plan in response to a 1997 lawsuit filed by the Fund for Animals, alleging that the park had failed to consider the effect of motorized traffic on wildlife such as bison and elk.

The park service released a 700-page draft plan in August 1999, analyzing several potential courses of action and concluding that the best option was to require most winter visitors entering the park from the west to ride shuttle buses, while allowing snowmobiles to continue using other park roads.

Six months later, the Environmental Protection Agency concluded that the park service's preferred option would do little to improve air quality or address the other deleterious effects of snowmobile use. On particularly busy days, such as the President's Day holiday weekend, when thousands of smoky machines zoom along the park's groomed roads, the air around the most heavily used park entrances is blue with smoke, the snow grows grimy with soot, and some park employees don breathing masks to protect their health. The EPA recommended that the NPS ban snowmobile traffic altogether.

In March 2000, the NPS announced it intended to pursue the course of action recommended by the EPA: a phaseout over the next two years, culminating in a prohibition this winter. A final version of the winter management plan including the ban was released for public review in October 2000 and adopted in January 2001.

However, the incoming Bush administration promptly froze implementation of the rule. A spokesman called it the product of a "rushed" process conducted in "the final nanoseconds" of the Clinton administration — an inaccurate claim, as the policy had been in development for nearly four years. The administration then attempted to scuttle the rule by settling a lawsuit on terms favorable to the plaintiffs, mainly business interests that profit from snowmobile use and had challenged the ban.

Environmentalists sued over that tactic, and a federal appeals court judge ruled in their favor, calling the reversal "completely politically driven" and ordering the original plan reinstated.

The pro-snowmobile forces appealed, and a Wyoming judge last month issued a ruling that conflicted with the appeals court decision, ordering the NPS to allow snowmobiles back into the park. The NPS complied.

The first judge subsequently ordered the NPS back into court to explain why it should not be held in contempt for violating his earlier ruling. On March 9, he postponed a decision on that matter, pending the outcome of an appeal filed by environmental groups over the Wyoming judge's decision.

The dispute is about more than just snowmobiles, noise, and air quality. At its heart are deeply conflicting attitudes regarding the purpose of national parks. Do they exist to preserve unique natural treasures in as undisturbed a state as possible, even if that means curtailing some types of human activity? Or are they intended primarily as playgrounds for visitors and to enrich private businesses that cater to those visitors?

Those philosophies have been in conflict almost since Yellowstone was established and reflect fundamentally incompatible belief systems. As long as some Americans believe the natural world exists only to be exploited for profit, while others believe in preservation for its own sake, the courts will be called on to resolve the irresolvable.


A journalist for more than 20 years, John Krist is a senior reporter and columnist at the Ventura County Star in Southern California and a contributing editor for California Planning & Development Report. His weekly commentaries on the environment are distributed nationally by Scripps Howard New Service, and he is a regular contributor to Writers on the Range, a syndicated service of High Country News, which distributes commentaries to more than 70 newspapers in the West.


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Source: John Krist

 



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