Judge Rejects Yellowstone Snowmobile Ban

[Rose Siding]

CHEYENNE, Wyo. - A federal judge on Friday struck down a ban on snowmobiles in Yellowstone and Grand Teton national parks, calling it a "prejudged, political" move that sought to exclude the vehicles from all national parks.

U.S. District Judge Clarence Brimmer ruled that the Clinton-era ban was invalid because it did not involve adequate public participation and failed to follow federal law. His decision could clear the way for new rules that allow the machines.

The rule was "the product of a prejudged, political decision to ban snowmobiles from all the national parks," Brimmer wrote.

The National Park Service is expected to issue a new rule governing snowmobile use next month in time for the coming winter season.

The ban, adopted during the Clinton administration and set to take effect last winter, was set aside in early 2003 by the park service to settle a lawsuit filed by snowmobile makers. Under the agreement, new rules were drafted to allow a limited number of snowmobiles inside the parks.

http://story.news.yahoo.com/news?tmpl=story&cid=519&ncid=716&e=4&u=/ap/20041015/ap_on_re_us/yellowstone_snowmobiles

[phantom power]

1. prejudged...?

Like, if we opened our hearts and really got to *know* snowmobiles, we'd see that they aren't noisy and polluting after all? That they just want to be loved?

[Catfight]

2. You could say Bush is a steward of pollution. n/t

[jpgray]

3. Enjoy our national parks by actively destroying parts of them?

:(

[Kadie]

4. damn activists judges.

/sarcasm

[aquart]

5. Who is he and how did he get his job?

Oh look what Google gave me:

<http://www.citizensforethics.org/activities/index.php>


2. Filing Complaint Against Wyoming District Court Judge Clarence Brimmer

CREW, working with the Community Rights Counsel, has filed an ethics complaint in the 10th Circuit Court of Appeals against Wyoming District Court Judge Clarence Brimmer. Judge Brimmer recently overturned the "roadless rule" enacted during the Clinton administration, which prevent the building of roads in designated wildlife areas. Oil, gas, mining and timber interests strongly opposed the rules, which prevented them from accessing and selling natural resources. Judge Brimmer heard the case and struck down the rule without ever revealing his financial interests of over $1 million in oil and gas companies that stood to benefit financially from his ruling. Federal laws prohibit judges from sitting in cases in which they have explicit conflict of interests.

[PA Democrat]

6. He was a Ford appointee

http://air.fjc.gov/servlet/uGetInfo?jid=260

[UpInArms]

7. public participation was enormous - this joker is flat out lying through

his ass

http://www.commondreams.org/views03/0304-09.htm

excerpt:

Snowmobile Smog

A couple of years ago, the National Park Service set in motion a plan to boot most snowmobiles out of Yellowstone National Park. The machines are noisy and smelly, their riders can harass wildlife, and the pollution they emit was obscuring Old Faithful and other beauty spots and forcing rangers to wear gas masks.

The public was invited to weigh in. Three hundred fifty thousand people did so. Eighty percent supported the ban. Snowmobile manufacturers filed a lawsuit. Just recently the Bush administration made its decision public: the number of belching snowmobiles in the park will increase. The administration spokesman acknowledged that public sentiment was overwhelmingly in favor of the ban, but said, in effect, tough potatoes. We'll do what we want to. This despite the public outcry and an internal Park Service study that found banning the machines would be the best alternative for the environment.

George Bush may not like Democrats. Fair enough; that's politics. But now it appears his administration doesn't like certain aspects of democracy itself: His agencies, working hand in glove with the industries they are supposed to regulate, are moving to keep the public from having any influence on a host of decisions to an extent not seen for decades.

Evidence is most apparent with the natural resources agencies.

...more...

[Media_Lies_Daily]

8. I guess his stocking will be full over the coming Holidays.

[GoddessOfGuinness]

9. I hope it's full of coal n/m

[sandnsea]

10. Political decision?

Oh please, this ruling is a political decision. We've protected heavily used rivers for years, all we have to do is apply that logic to heavily used national parks.

[LastLiberal in PalmSprings]

11. Denali National Park in Alaska

has a "no snowmobile" policy the local snow machiners have been fighting to overturn. The fact that the other 90% of Alaska is open to them doesn't matter -- they've got to take their noise, pollution, and general disrespect for the environment (they love chasing moose) to the largest pristine wilderness in the nation.

Mostly, I think they have wet dreams of "high marking" Mt. McKinley. High marking is where you drive your machine straight up the side of a mountain to see who can go the furthest before stalling out. Fortunately, it's a self-eliminating sport -- several snowmobilers are killed each year by the avalanches they trigger. One guy got dug out of one avalanche only to cause another one later, killing himself. He became a candidate for the Darwin Award.

More than 400,000 comments were received on the snowmobile issue, with the vast majority being in favor of the ban. But what do you expect from a president who dismisses a global multi-million person anti-war protest as a "focus group"?

[Scout]

12. that judge is an asshole

I better get to Yellowstone soon, I haven't seen it yet. I think I'd rather go in fall or better yet, winter, to try to avoid the massive crowds of summer. Snowshoeing in winter, but not with freakin' snowmobiles running around.

Damn snowmobilers in my neighborhood growing up, racing endlessly up and down the road in the middle of the night. Of course you can't sleep, and the sheriff sure can't catch 'em in the act and fine them. We weren't in a very rural area either, there were more than a few homes on this stretch of road. Mindless entertainment for the mindless...

[Renew Deal]

13. Here is a thread on this from a long time ago.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=115&topic_id=6128

It was one of the wilder flame wars that I have ever seen in the Enviro forum.

[daleo]

14. This is "a prejudged, political decision to allow snowmobiles"

I hate how loud and polluting they are, but they can pack down a pretty good snowshoeing trail.

On edit - I am not really thinking of national parks here, more like converted rail-trails and that sort of thing.