
Details of the Administrative Actions Challenged in the Snowmobile Cases
by Guest Blogger, 10/29/2004
The following chart details the sequence of regulatory actions in the Clinton snowmobile ban and the subsequent Bush rollback of the ban.
Initial Background
Fund for Animals sues NPS,
alleging Yellowstone winter
use plan violates NEPA and
ESA
1997 settlement agreement -
NPS to prepare EIS on
snowmobile use and trail
grooming in Yellowstone
2001 Snowmobile Ban
1999 Draft EIS
In response to lawsuit, NPS
studies winter use in
Yellowstone, Grand Teton,
and John D. Rockefeller, Jr.
Memorial Parkway - 9/29/99
2000 EIS Revision
Revises one of the seven
alternatives from the Draft
EIS (suggesting a ban on
recreational snowmobiles) -
3/12/00
2000 Final EIS
Concludes best alternative is
outright ban on all
recreational snowmobiles -
Winter Use Plans, Final EIS,
65 Fed. Reg. 64,986 (Oct. 31,
2000)
2000 ROD
NPS announces decision to
adopt ban - Record of
Decision, Winter Use Plans,
65 Fed. Reg. 80,908 (Nov.
22, 2000)
2000 Proposed Rule
Proposed rule for
implementing ban - Proposed
Rule, 65 Fed. Reg. 79,024
(Dec. 18, 2000)
2001 Final Rule
Implements ban - Snowcoach
Rule, 66 Fed. Reg. 7,260
(Jan. 22, 2001)
2002 Delay
Response to Wyoming
Litigation: ISMA challenges
2001 Snowmobile Ban, and
NPS agrees in partial
settlement to prepare
supplemental EIS
Final rule postpones 2001
Snowmobile Ban until
completion of supplemental
EIS; unlimited snowmobiles
in 2002-2003, but phased out
after 2003-2004 - Final Rule,
67 Fed. Reg. 69,473 (Nov.
18, 2002)
2003 Snowmobile Rollback
2003 Final EIS
Considers snowmobile
technology not included in
prior EIS; concludes in favor
of new alternative allowing
snowmobile access with limits
on daily entries and emissions
reductions
2003 ROD
Record of Decision
announces adoption of
snowmobile alternative from
2003 Final EIS - 3/03
2003 Final Rule
Allows 1,140 snowmobiles
per day in the parks - Winter
Use Plan Final Rule, 68 Fed.
Reg. 69,268 (Dec. 11, 2003)
2003 D.C. Reversal
Outcome of D.C. Litigation:
environmental groups
challenge 2003 Snowmobile
Rollback
Court vacates 2003
Snowmobile Rollback and
returns status quo to 2001
Snowmobile Ban as modified
during the 2002 Delay - Fund
for Animals v. Norton, 294 F.
Supp. 2d 92 (D.D.C. 2003)
2004 Wyoming Injunction
Outcome of revived
Wyoming Litigation
Court enjoins implementation
of 2001 Snowmobile Ban -
Int'l Snowmobile Manufs.
Assoc'n v. Norton, 304 F.
Supp. 2d 1278 (D. Wyo. 2004) (preliminary injunction); ISMA II, No. 00-CV-229-B (D. Wyo. Oct. 14, 2004) (final decision rejecting snowmobile ban)
