BuzzH
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Looks like the Blue Ribbers lose again.
Judge refuses to suspend Yellowstone snowmobile ruling
HELENA, Mont. (AP) - A federal judge in Washington refused Tuesday to suspend his week-old order mandating that the National Park Service begin phasing out snowmobiles from Yellowstone and Grand Teton national parks.
Snowmobile manufacturers, along with the state of Wyoming, the Idaho-based BlueRibbon Coalition and others had asked U.S. District Judge Emmet Sullivan to stay the ruling while they appeal it to the U.S. Court of Appeals for the District of Columbia.
The Interior Department, which oversees the Park Service, supported their request.
But Sullivan said he found no legal basis for putting his own decision on hold.
The federal government cannot show it is likely to succeed in its appeal since the court found clear violations of federal environmental law in the Bush administration adopting rules to allow limited snowmobiling in the parks, Sullivan said.
He also rejected claims that the court order would cause harm to those people with plans to snowmobile in the parks. He said that "any economic or emotional harm to those who made plans to visit the park falls squarely on the defendants' shoulders."
It was the National Park Service and snowmobile businesses that chose to begin taking reservations months ago, despite the uncertainty of the court case, Sullivan said.
Meanwhile, Montana Attorney General Mike McGrath declined to respond Tuesday to a request from Gov. Judy Martz that he join Wyoming's appeal of Sullivan's original decision Dec. 16.
Through a spokeswoman, McGrath said he first had to consult with other affected state agencies.
Martz said Sullivan's ruling, if allowed to stand, "will have a devastating effect on the vast majority of businesses in West Yellowstone," the most popular winter gateway to Yellowstone, and will lead to business closings and layoffs.
If McGrath declines Martz's request, the governor will seek other legal options to get the state involved in an appeal, said spokesman Chuck Butler.
The Bush plan thrown out by Sullivan replaced one written by the Clinton administration that would have banned snowmobiles in favor of mass-transit snow coaches.
Sullivan ruled the Bush administration did not adequately explain the switch and questioned whether there was any basis for it, other than political considerations and a desire to allow snowmobiling to continue.
His decision meant the number of snowmobiles allowed in the park each day this winter was cut in half. The rules allow only snow coaches next year.
The Park Service has said the plan to allow only snow coaches is the best way to reduce pollution and noise in the parks. But officials also have said that the plan Sullivan struck down - which would have required snowmobiles to be less polluting and quieter in order to enter the parks - struck a needed balance between protecting the park and allowing public access.
The Greater Yellowstone Coalition and Fund for Animals, which sued over the latest plan, argued that the snowmobile manufacturers and state of Wyoming failed to show they are likely to win their appeals - something they needed to demonstrate in order for Sullivan to suspend his ruling.
Judge refuses to suspend Yellowstone snowmobile ruling
HELENA, Mont. (AP) - A federal judge in Washington refused Tuesday to suspend his week-old order mandating that the National Park Service begin phasing out snowmobiles from Yellowstone and Grand Teton national parks.
Snowmobile manufacturers, along with the state of Wyoming, the Idaho-based BlueRibbon Coalition and others had asked U.S. District Judge Emmet Sullivan to stay the ruling while they appeal it to the U.S. Court of Appeals for the District of Columbia.
The Interior Department, which oversees the Park Service, supported their request.
But Sullivan said he found no legal basis for putting his own decision on hold.
The federal government cannot show it is likely to succeed in its appeal since the court found clear violations of federal environmental law in the Bush administration adopting rules to allow limited snowmobiling in the parks, Sullivan said.
He also rejected claims that the court order would cause harm to those people with plans to snowmobile in the parks. He said that "any economic or emotional harm to those who made plans to visit the park falls squarely on the defendants' shoulders."
It was the National Park Service and snowmobile businesses that chose to begin taking reservations months ago, despite the uncertainty of the court case, Sullivan said.
Meanwhile, Montana Attorney General Mike McGrath declined to respond Tuesday to a request from Gov. Judy Martz that he join Wyoming's appeal of Sullivan's original decision Dec. 16.
Through a spokeswoman, McGrath said he first had to consult with other affected state agencies.
Martz said Sullivan's ruling, if allowed to stand, "will have a devastating effect on the vast majority of businesses in West Yellowstone," the most popular winter gateway to Yellowstone, and will lead to business closings and layoffs.
If McGrath declines Martz's request, the governor will seek other legal options to get the state involved in an appeal, said spokesman Chuck Butler.
The Bush plan thrown out by Sullivan replaced one written by the Clinton administration that would have banned snowmobiles in favor of mass-transit snow coaches.
Sullivan ruled the Bush administration did not adequately explain the switch and questioned whether there was any basis for it, other than political considerations and a desire to allow snowmobiling to continue.
His decision meant the number of snowmobiles allowed in the park each day this winter was cut in half. The rules allow only snow coaches next year.
The Park Service has said the plan to allow only snow coaches is the best way to reduce pollution and noise in the parks. But officials also have said that the plan Sullivan struck down - which would have required snowmobiles to be less polluting and quieter in order to enter the parks - struck a needed balance between protecting the park and allowing public access.
The Greater Yellowstone Coalition and Fund for Animals, which sued over the latest plan, argued that the snowmobile manufacturers and state of Wyoming failed to show they are likely to win their appeals - something they needed to demonstrate in order for Sullivan to suspend his ruling.
