ELR Citation: 42 ELR 20053
No(s). 10-8088 et al (10th Cir. Feb 29, 2012)

The Tenth Circuit dismissed petitions challenging National Park Service (NPS) rules governing snowmobile use in the Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller Jr. Memorial Parkway. Petitioners, which included Wyoming, snowmobile associations, and a county, argued that the rules arbitrarily and capriciously limit the daily number of snowmobiles into the parks in violation of the APA. They also argued that the NPS ignored scientific evidence regarding snowmobile use in the parks and violated NEPA by failing to consider a reasonable range of alternatives or to provide a reasoned explanation for the restriction on the number of snowmobile entries. Wyoming also alleged that the NPS violated NEPA by failing to take a "hard look" at the environmental consequences of the rules. But petitioners' evidence regarding economic loss is speculative. In addition, petitioners have not shown that the NPS created an increased risk of actual, threatened, or imminent environmental harm by allegedly failing to follow NEPA procedures. Instead, they allege they are harmed because the NPS could have promulgated a rule allowing more snowmobiles into the parks without adverse environmental effects. NEPA does not protect against such an injury.