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The Argument To Keep Yellowstone Open
The Truth About Snowmobiling
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FOR IMMEDIATE RELEASE
Contact: Ed Klim
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Statement of Issues to Rescind Clinton Record Of Decision (ROD)
Haslett, MI (July 15, 2004) On June 9, 2004, the International Snowmobile Manufacturers Association filed their Briefs with Judge Brimmer in Wyoming District Court. Within the Briefs, the organization stated the following issues supporting a permanent injunction (throwing out) of the ROD filed by the Clinton Administration in the year 2000. Judge Brimmer is expected to rule on the issue in the fall of 2004.
Here are the issues:
- The ROD failed to take a hard look at the research and analysis related to snowmobile use in the parks. Instead, the Clinton administration made a pre-judged political decision to close the park.
The Clinton Administration unilaterally announced a new preferred alternative (Alternative G) which reversed the former preferred alternative, which was presented in the original EIS. The Administration did not consider any public comments on their preferred Alternative (which allowed snowmobiling) and they therefore prevented any meaningful public participation into the decision making process. The Administration chose to NOT consider any of the more than 5,000 public comments presented to the Administration for their consideration.
- The Park Service in the years 1998-2000, while conducting the Environmental Impact Study (EIS) on Yellowstone, violated the Administrative procedure Act and failed to articulate the basis for any decisions based on long established National Park Service Policy.
- The NPS fundamentally misapplied the NPS Organic Act by failing to balance the Act's dual conservation and public enjoyment mandate. The NPS arbitrarily elevated the Conservation Goal over the Visitor Use and Enjoyment Objective as required by federal law in the Organic Act.
FACTS:
Snowmobile use of groomed portions of Yellowstone National Park's (YNP) road system began 40 years ago. The snowmobiles are restricted to the same road system used in the spring, summer, and fall by over 1.5 million automobiles, busses, SUV'', trucks, recreational vehicles and motorcycles. Snowmobiles account for less than 4% of annual vehicular traffic in the Park.
Park performs wildlife study
The Park Service has conducted research on lynx, bison and grizzly activities in the Parks.
- In 2001 Bjornlie and Garret (B & G) conducted a systematic study of bison activity and found that bison only made minimal use of the groomed roads and that snowmobile and snowcoach use does not have a "major influence on bison ecology." B & G also concluded that the bison out-migration from the Parks was the result of an increasing population. The B & G study found that the traveling accounted for only 7% of the bison's activities during the snowmobile season and that most of the travel occurred along natural trails, along stream banks or through geothermal areas rather than groomed roads. The study found that bison did not attempt to avoid snowmobile interactions by using roads nocturnally. The B & G study also found that the overwhelming majority of bison that used the roads during the winter season traveled less than one kilometer and that in the summer more bison traveled further distances compared to the winter season. Ultimately the B & G study concluded that any changes in bison populations and behaviors are a "natural occurrence" and most likely arising from the increased population.
- The Hardy study concluded that predictable motorized travel along established roads was the least stressful to elk and bison and the most stressful was off-road contact by individuals on skis.
- The Jaffe study examined wildlife responses on the groomed roads to over-snow vehicles and human contact. Jaffe found that 87% of the total number of animals observed during the surveys had no visible response at all to over-snow vehicles. Of the 13% that had responded, 68% looked directly at the visitors and then resumed their activity.
Park studies emissions
The Ambient Air Quality Standard for Yellowstone has NEVER been violated because of snowmobile emissions.
The Montana DEQ study found that the new model snowmobiles tested in 2001 performed significantly better than older model snowmobiles studied in 1997.
A study done by Central Michigan University also found significant snowmobile emission reductions with the use of newer technologies.
Results from the Southwest Research Institute (SwRI) testing of newly available production model 4-stroke and older 2-stroke snowmobiles using both gas and ethanol mixed fuels demonstrated new technology snowmobile, substantially reduced emissions.
Emissions from actual snowcoaches in operation were also tested. The SwRI studied snowcoach emissions of the newest snowcoaches. The study found the snowcoaches produce substantially more emissions than snowmobiles.
Park Compares summer emissions to winter emissions
One additional study looked at air quality and emissions and concluded that in the year 2000: (1) the emissions from snowcoaches and the older technology snowmobiles constitute a small fraction of the year-around mobile emissions in the Parks, (2) the summer Recreational Vehicles (RVs) alone emit more than eight times more Nitrous Oxides (NOx) than the snowcoaches and the older technology snowmobiles combined, and (3) snowcoaches and the older technology snowmobiles accounted for less than 6% of the particulate matter emitted in the Parks from mobiles sources.
The Organic Act Dual Mandate
The National Park Service is subject to a dual mandate in managing the National Parks. The Park Service is required to conserve resources AND provide for visitor use and enjoyment. The Organic Act, passed in 1916, imposes this dual mandate and confers on the Park Service the duty and discretion to balance the dual Mandate. Because the Organic Act does not address how to achieve this balance of conservation and visitor use, the Act grants broad deference to the Park Service to strike the balance. This discretion is further expanded by the fact that the Organic Act does not place one of these mandates as above or more important than the other. Therefore, the Organic Act does not make the conservation mandate more important than all other considerations and the Court's conclusion that it does is in error.
Conserving the Parks' Resources
Permitting a limited number of cleaner and quieter snowmobiles into the Parks is not inconsistent with the Park's conservation mandate. Snowmobile emissions already accounted for only a small fraction of the mobile source emissions in the Parks. (The summer Recreational Vehicles (RVs) alone emit more than eight times more Nitrous Oxides (NOx) that the snowcoaches and the older technology snowmobiles combines; older technology snowmobiles and snowcoaches account for less than 2% of all NOx emissions from vehicles in the Parks, snowcoaches and the older technology snowmobiles accounted for less than 6% of the particulate matter emitted in the Parks from mobile sources). If Park resources are being impaired by vehicle emissions, the culprit is not snowmobiles.
Groomed Roads in Park
Roads are groomed in the Parks because grooming is necessary for all motorized access into the Parks. Recreational snowmobiles, Park Service snowmobiles, and snowcoaches cannot travel on ungroomed surfaces. Since snowmobiles are allowed only on the groomed road surface, snowmobilers have access to less than 1% of Yellowstone Park, which is 2.2 million acres - or half the size of the state of Connecticut.
Historic Timeline
In recent years, fringe Environmental interest groups have sought to ban snowmobiles and other vehicles in National Parks. Following is a brief timeline of Yellowstone Snowmobile-related legal actions.
Legislative actions have occurred in Washington DC. Democratic Congressman Rush Holt (NJ) has desperately attempted on two occasions to pass legislation that would have closed Yellowstone to snowmobiling. Thankfully his efforts have failed.
1994 - Yellowstone begins winter use plan and study as required.
1997 - Fund For Animals sues Park Service. They wish to stop all road grooming in the
winter. Suit is settled, requiring and EIS for Yellowstone.
1998 - Park Service begins an Environmental Impact Study (EIS) to establish
guidelines for winter use in Yellowstone National Park.
1999 - Park Service recommends snowmobiling to continue in Yellowstone National
Park based on EIS information.
2000 - Clinton Administration overrides Park Service recommendation and sets rules
requiring a ban on snowmobiling in Yellowstone National Park.
2001 - US District Court overrules Clinton Administration action to close Yellowstone
National Park.
2001 - Park Service begins a second Environmental Impact Study as required by Court.
2003 - Park Service recommends snowmobiling to continue in Yellowstone National
Park.
2003 - Judge Sullivan in Washington DC District Court overrules the Park Service
recommendation and closes Yellowstone to snowmobilers.
Feb 2004 - Judge Brimmer in Wyoming agrees to hear issues regarding snowmobiling
in Yellowstone National Park. Judge reopens the Park to regulated
snowmobiling and agrees to hear additional arguments regarding Yellowstone.
June 2004 - Congressman Holt (D-NJ) introduces legislation to stop snowmobiling in
Yellowstone. Legislation defeated in US Congress, thereby allowing snowmobiling to continue, subject to future court action.
Aug 20, 2004 - Judge Brimmer scheduled to hear arguments to allow snowmobiling in
Yellowstone.
Fall 2004 - New Ruling on Yellowstone National Park expected from Judge Brimmer.
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