ELR Citation: ELR 20074
No(s). 91-2023 (8th Cir. Jun 10, 1992)

The court holds that the National Park Service is not required to prohibit snowmobiling in a portion of a national park in Minnesota pending study of the area for wilderness designation under the Wilderness Act, 16 U.S.C. §§1131-1136. The court first holds that Congress expressly authorized the use of snowmobiles within the park in §160h of the Voyageurs National Park Act. The court holds that the general language of the Wilderness Act, which provides for the management of potential wilderness areas as wilderness, does not override the specific park enabling legislation. The court also holds that the National Park Service's waiver of its policy prohibiting snowmobiling in potential wilderness areas was not arbitrary and capricious. The National Park Service adequately explained its action based on its findings that the park would not be diminished for future wilderness designation by snowmobiling.

[Briefs in this case are digested at ELR PEND. LIT. 66171.]

Counsel for Appellants
Richard Duncan
Faegre & Benson
200 Norwest Ctr., 90 S. 7th St., Minneapolis MN 55402
(612) 336-3000

Counsel for Appellees
Dirk D. Snel
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before JOHN R. GIBSON, Circuit Judge, FRIEDMAN,^* Senior Circuit Judge, and MAGILL, Circuit Judge.