WASHINGTON -- Early Wednesday morning Jackson Hole Snowmobile Tours office manager Stacey Chapman called two people and told them that because of a judge's ruling Tuesday night they would not be able to rent snowmobiles.
"They were irate," said Chapman, who is the office manager. "They did not understand. That's how it's going to be. We are going to have a lot of angry people."
The judge's ruling cut the number of snowmobiles that the company can operate inside Yellowstone and Grand Teton national parks from 20 to eight per day.
Wyoming officials and snowmobile industry attorneys are trying to keep Chapman from having to speak with more angry customers. Both are working to overturn U.S. District Judge Emmet Sullivan's ruling that cuts in half the number of snowmobiles allowed in Yellowstone and Grand Teton this winter and would eliminate snowmobiles from the park next winter.
The state of Wyoming has filed an appeal and attorneys for the state and the snowmobile industry have filed an emergency request to prevent implementation of the judge's ruling. It is unclear how quickly the courts will act on the appeal or the emergency request.
On Tuesday evening, Sullivan struck down Bush administration rules that would have allowed snowmobiling to continue in the park. Under his ruling, the Bush rules would be replaced with rules written during the Clinton administration that phase out snowmobile use in the parks.
The industry's request for the emergency stay was filed with Sullivan, but his written opinion makes it unlikely he will grant the request.
In his ruling, Sullivan questioned how the Bush administration had dramatically rejected the Clinton administration rules.
"The gap between the decision made in 2001, and the decision made in 2003 is stark," Sullivan wrote. "In 2001, the rule-making process culminated in a finding that snowmobiling so adversely impacted the wildlife and resources of the parks that all snowmobile use must be halted. A scant three years later, the rule-making process culminated in the conclusion that nearly 1,000 snowmobiles will be allowed to enter the park each day."
If Sullivan rejects the emergency stay, the industry would request that the Appellate Court review his decision.
"We are always hopeful," snowmobile industry attorney Barbara A. Miller said, when asked about the prospect that Sullivan would grant the request. "The rules of the court require us to file it in front of him before it goes to the Appellate Court."
Regardless of the success of the emergency stay, lawyers for the snowmobile industry plan to appeal the Tuesday ruling.
"We're definitely going to appeal it," Miller said. "We think the judge's conclusion that the (National Environmental Policy Act) was violated is not correct."
If the Wyoming officials and snowmobile industry lawyers are unable to overturn Sullivan's ruling, lawmakers may try to pass legislation overturning it. Members of Montana and Wyoming's congressional delegations harshly criticized the Tuesday ruling.
''It's outrageous that the environmental lobby continues to insist that decisions on how best to use our public lands should be made by liberal courts on the East Coast and not by the people who depend on our public lands to make a living," Rep. Barbara Cubin, R-Wyo., said in a statement.
Although Republican President Ronald Reagan appointed Sullivan, the judge has issued several rulings that have angered Western Republicans.
Sen. Conrad Burns, R-Mont., was also angry but his comments were not as sharp as Cubin's. "This decision is a blow to all Yellowstone visitors and the communities who serve them," Burns said. "There is a way to manage for multiple uses of Yellowstone, and this decision doesn't recognize that reality.
"With the season set to open today this will have a severe impact on the economy of our gateway communities."
Sen. Max Baucus, D-Mont., also criticized Sullivan's ruling.
"I'm disappointed by this ruling because I don't think an outright ban is necessary," Baucus said. "We must continue to work together to balance existing uses, protect the park and enhance the visitor experience, while creating and protecting jobs in the surrounding communities."
Pombo joined the Montana delegation in criticizing the ruling and his spokeswoman said that he might try to pass a bill allowing snowmobiles in the park if Sullivan's ruling is not overturned.
If there is an effort to overturn Sullivan the vote is likely to be close. Earlier this year, Rep. Rush Holt, D-N.J., tried to attach an amendment to the Interior Department's 2004 spending bill that would have banned snowmobiling in the parks. The House voted 210 to 210 to reject the amendment. According to House rules if there is a tie the proposal is defeated.
"I am not prepared to say we have the votes, but it is something we are considering," Pombo spokeswoman Nicol Andrews said.
Ron Gatheridge who rents snowmobiles in West Yellowstone is not optimistic. He moved to Montana from Humboldt, Minn., 10 years. He had been a snowmobile dealer in Humboldt, but business there was meager.
"I was going broke in Minnesota," Gatheridge said. "I finally got something where I can pay the bills, but someone else has decided I can't do it. I thought I was set for the rest of my life, but here I am at 51 and I have to find something else to do."
Gatheridge noted that although there are a plethora of snowmobile trails outside the park, the majority of folks who rent snowmobiles prefer to use them in the park. He said that the people who use the trails outside the park generally own their own snowmobiles.
"The people who rent snowmobiles are not coming here for the snowmobiling experience," Gatheridge said. "They are coming here to see the park."
He gets no argument from Greater Yellowstone Coalition executive director Michael Scott. The organization is one of the environmental groups whose lawsuit led Sullivan to overturn the Bush administration rules.
"I think it is important to remember that the park is still there," Scott said. "It was there yesterday and it will be there tomorrow. The park, not the means of transportation to get into it, has always been the attraction."
Posted in State-and-regional on Wednesday, December 17, 2003 11:00 pm Updated: 11:30 pm.
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