Details of the Administrative Actions Challenged in the Snowmobile Cases

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)
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