ELR Citation: ELR 20116
No(s). 00-CV-229-B (D. Wyo. Oct 14, 2004)

A district court vacated the National Park Service's (NPS') 2001 "snowcoach rule" that bans the use of snowmobiles in the Yellowstone and Grand Teton national parks. The court determined that the rule was the product of a "prejudged, political decision to ban snowmobiles from all the National Parks." According to the court, the NPS failed to take a hard look at the effects of emissions or noise of numerous snowcoaches entering the parks, and the issuance of the environmental impact statement (EIS), record of decision (ROD), and final rule were nothing more than pro forma compliance with the requirements of the National Environmental Policy Act (NEPA). The NPS also failed its obligation to involve and seriously consider the comments of cooperating agencies, and it deprived the public of meaningful participation in the NEPA process. In addition, the NPS violated the APA by failing to adequately explain its radical departure to ban snowmobiles in the parks. For all of these reasons, the court vacated and remanded the EIS, ROD, and snowcoach rule.