Heritage Foundation Leadership for America

REGULATION IN BRIEF: 
Snowmobile Regulation

May 17, 2004            No. 13
(Updated October 15, 2004)

Background:  In a 2001 Clinton-era midnight regulation, the National Park Service (NPS) adopted a rule banning the use of snowmobiles in Yellowstone and Grand Teton National Parks, beginning in December 2004, in order to reduce air and noise emissions in those parks.

In 2003, under the Bush administration, the NPS revised the rules to limit, rather than ban entirely, the use of snowmobiles. Additionally, snowmobiles within the parks were required to achieve a 70 percent reduction in carbon monoxide emissions and a 90 percent reduction in hydrocarbon emissions by 2005.

Also in 2002, the Environmental Protection Agency issued a rule limiting emissions for all snowmobiles.

A flurry of litigation has followed. Last December, district court Judge Emmet Sullivan in Washington, D.C. vacated the 2003 Bush rule and ordered the NPS to restore the 2001 Clinton ban. Two months later, district court Judge Clarence Brimmer in Wyoming, in turn, issued a preliminary injunction blocking enforcement of the Clinton ban contravening the ruling issued by Judge Sullivan. In so doing, Brimmer chided his D.C. counterpart arguing that the NPS and other authorities should make such decisions, rather than individual judges in Washington or Wyoming.

Status:  On October 15th, Judge Brimmer struck down the 2001 Clinton-era snowmobile ban in Yellowstone and Grand Teton National Parks declaring the rule was "the product of a prejudged, political decision to ban snowmobiles from all the national parks." However, Judge Brimmer has indicated that he believes in limited snowmobile use to protect these parks.

The NPS released a three-year plan this past August to permit up to 720 snowmobiles per day with guides into Yellowstone - with an additional 140 machines allowed into Grand Teton and the John D. Rockefeller, Jr. Memorial Parkway without guides. All snowmobiles are also required to meet best available technology (BAT) requirements for air pollution. The three-year plan not only provides guidance for the winter season but also provides the NPS with three years study of snowmobile BAT.

The parks are likely to operate under the NPS three-year interim rule this winter season. A final interim rule is expected at the end of October

In the legislative arena, the House defeated an amendment to the Interior Appropriations bill this past June, which attempted to reinstate the 2001 ban. There has been no indication of a similar ban being attached to Interior Appropriations legislation in the Senate as of yet.

Discussion:  Three-quarters of winter visitors utilize snowmobiles in Yellowstone, as the park is highly inaccessible during the winter without these vehicles. Many residents in the “gateway” communities of both parks make their livelihood from such tourism. Moreover, winter conditions in such areas require snowmobiles for some basic transportation. As Judge Brimmer stated “This harm includes the significant financial loss that will be sustained by businesses and concessionaries, the loss of goodwill and the potential that some businesses may go bankrupt if” snowmobiles are banned completely.

Sensible limits on usage and emissions of snowmobiles, rather than a blanket prohibition, balances the interests of residents and visitors with the legitimate environmental concerns.

Action item:  Snowmobile rules, similar to the 2003 rule and the newly proposed three-year NPS interim rule, provide for limited, responsible use of these vehicles employing best available technology (BAT) standards to limit air and noise emissions in Yellowstone and surrounding park areas. Snowmobile regulation that addresses environmental concerns as well as the concerns of tourists and businesses alike is the best all around solution for these parks.

This brief was prepared by Heritage Research Assistant Erin M. Hymel and Heritage Research Fellow James L. Gattuso.

The "Regulation In Brief" is produced regularly by The Heritage Foundation, providing concise summaries of key regulatory issues, along with links to key background material on each issue. If you wish to be removed from the "Regulation In Brief" mailing list, please e-mail Margaret Hamlin at Margaret.Hamlin@heritage.org.

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