Judge brimmer orders

[Wyoming T/A]

720 sleds a day limit in yellowstone and140 in teton yesterdays paper

 

[rotax]

720 sleds a day limit in yellowstone and140 in teton yesterdays paper

is that more than what was initially being decided upon?

i dont remember seeing the 720 number..

 

[Vertical_Escape]

Wyoming judge opens door for more Yellowstone snowmobiles
Written by CJ Baker
Thursday, 13 November 2008

Just when Yellowstone’s winter 2009 plans appeared set, a new court decision has muddied the waters.

In September, a District of Columbia judge scuttled Yellowstone and Grand Teton parks’ long-term plans for winter use. Judge Emmet Sullivan ruled the parks’ plans to allow 540 snowmobiles a day in Yellowstone and 65 in Grand Teton were not backed by science.


In response, the parks crafted a temporary plan that would allow 318 snowmobiles each day in Yellowstone and 50 in Grand Teton. That plan was meant as a stop-gap while the parks came up with a new environmental impact statement and plan.

Now, a ruling by Wyoming District Court Judge Clarence Brimmer commands the parks to boost the daily snowmobile limit up to 720 in Yellowstone and 140 in Teton until a new long-term plan is crafted.


Brimmer wrote that if the decision had been up to him, he would have allowed the parks’ rule of 540 and 65 daily snowmobiles to stand.


A coalition of environmental groups had challenged the Park Service’s rule in federal District Court in the District of Columbia, saying there were too many snowmobiles for the parks’ ecosystems to handle.


In mid-September, Sullivan agreed with their concerns, finding that the number of oversnow vehicles would cause undue damage to air quality, soundscapes and wildlife.


Meanwhile, the state of Wyoming and Park County had similarly challenged the plan in Wyoming’s Federal District Court — arguing conversely that there were too few snowmobiles allowed.


Brimmer wrote he would have left the plans alone. However, because Sullivan’s decision on the winter plans came first, he said he needed to defer to Sullivan’s judgement.


That didn’t mean the Wyoming judge agreed.


“The livelihood of many residents depends upon the rules promulgated and effected by the NPS. Justice would seem to require, therefore, that a court sitting in the same state that these parks are located be given the opportunity to decide a case of this magnitude. This court, however, was not given that opportunity,” he wrote.


Therefore, Sullivan’s decision to void Yellowstone and Grand Teton’s winter use plans is unaffected.


With those plans thrown out, the Park Service is forced to revert to a temporary 2004 rule. That rule contained a sunset clause, kicking snowmobiles out of the Park after the 2007-2008 winter season.


Brimmer ordered that the temporary rule be re-instated — without the sunset clause. That effectively puts in place a daily limit of 720 snowmobiles in Yellowstone with 140 in Grand Teton.


“This will provide businesses and tourists with the certainty that is needed in this confusing litigation,” he wrote.


The decision was apparently written before Yellowstone released its temporary snowmobile plan on Nov. 5 for the coming winter season, but finalized after its release.


“At this juncture, the court finds it unlikely that the (National Park Service) will have the ability to promulgate and put into effect a rule for this winter season,” says the decision, signed Nov. 7.

http://powelltribune.com/index.php/content/view/488/2/

 

[rotax]

http://powelltribune.com/index.php/content/view/488/2/

in other words, we...sorta...didn't lose one for a change...

but not REALLY a win either...

 

[Vertical_Escape]

Not a clean win anyway, but it's a start. Now if everyone continues to exert what pressure they can, maybe it can be averted in coming years.

 

[SnowSnob]

I think what they have going now is just fine. You don't go into the park to ride, you go in to observe and learn things and having a guide makes the experience much more.
If you want to ride a sled there's MUCH better riding outside the park.
They need to start putting restrictions on summer use. I don't see how they can say 540 snowmobiles was too much pollution but THOUSANDS of cars and loud azz harley's a day is OK. WTF!!!!

I wouldn't call this a win just yet, I heard it got sent to DC and you know the greenies aren't gonna take it.

 

[POLZIN]

A coalition of environmental groups had challenged the Park Service’s rule in federal District Court in the District of Columbia, saying there were too many snowmobiles for the parks’ ecosystems to handle.

Yeah! 720 sleds is sooo much worse than 10,000.00 cars ,trucks and diesel pusher RVs per day

 

[POLZIN]

I think what they have going now is just fine. You don't go into the park to ride, you go in to observe and learn things and having a guide makes the experience much more.
If you want to ride a sled there's MUCH better riding outside the park.
They need to start putting restrictions on summer use. I don't see how they can say 540 snowmobiles was too much pollution but THOUSANDS of cars and loud azz harley's a day is OK. WTF!!!!

Once again its revenue based not comon sense based !

 

[Goldenwest]

Not to burst anyones bubble but that "overturn" has already been sent back to Washington. And if the NPS comes up with a new "temp winter plan" for the upcoming winter the 720 will automatically be thrown out.................. Hope you all responded to the pinned thread in this section we only have until midnight the 17th............

 

[Vertical_Escape]

Not to burst anyones bubble but that "overturn" has already been sent back to Washington. And if the NPS comes up with a new "temp winter plan" for the upcoming winter the 720 will automatically be thrown out.................. Hope you all responded to the pinned thread in this section we only have until midnight the 17th............

GW do I understand it right, this ruling will only stand IF NPS doesn't settle on a new plan in time. IF they do, that plan will still require approval, right?

Just trying to get a little better understanding here.

 

[Goldenwest]

The Brimmer overturn will not and I repeat NOT be implimented for this winter. The NPS has to come up with a new temp winter use plan. Brimmer is stating that he has overturned Sullivans decision, which returns the use plan to the 720 figure. There is no way that they will allow it. It will be just like a few years ago. Park was to open Dec. 15th and there was nothing in order so the park was not allowed to open as scheduled. It will be the same sh!t just a different year. Sullivan already has Brimmers overturn on his desk and is just waiting to see what the NPS proposes................

GW do I understand it right, this ruling will only stand IF NPS doesn't settle on a new plan in time. IF they do, that plan will still require approval, right?

Just trying to get a little better understanding here.

 

[Wade]

The Brimmer overturn will not and I repeat NOT be implimented for this winter. The NPS has to come up with a new temp winter use plan. Brimmer is stating that he has overturned Sullivans decision, which returns the use plan to the 720 figure. There is no way that they will allow it. It will be just like a few years ago. Park was to open Dec. 15th and there was nothing in order so the park was not allowed to open as scheduled. It will be the same sh!t just a different year. Sullivan already has Brimmers overturn on his desk and is just waiting to see what the NPS proposes................

Sullivan should be booted. He always waits until the season is ready to start, then comes out with some judgment. Where has judicial integrity gone. Is this guy so set on closing YP that he will resort economical deprivation, in order to win. He should be disbarred for legislating from the bench. I guess he'll never stop, until Brimmer or he dies of old age.