PLAINTIFFS: The Fund for Animals, Biodiversity Legal Foundation, Predator Project, Ecology Center, Dr. Bill Willars, Phillip Knight, George Wuerthner, Richard Meis, and Walt Farmer.
DEFENDANTS: Bruce Babbitt (Secretary of the Interior), Denis Galvin (Acting Deputy Director of the National Park Service), Jack Neckels (Superintendent of Grand Teton National Park), Mike Finley (Superintendent of Yellowstone National Park), and John Rogers (Acting Director of the U.S. Fish and Wildlife Service).
SUMMARY OF LEGAL CLAIMS: Defendants have violated the: National Environmental Policy Act (NEPA) by failing to prepare an Environmental Impact Statement (EIS) to evaluate the environmental impacts of winter use in Yellowstone (YNP) and Grand Teton (GTNP) National Parks; Endangered Species Act by failing to assess properly the impacts of winter use, particularly snowmobile use and snowmobile trail grooming, on imperiled species such as the grizzly bear and gray wolf; National Park Service Organic Act (NPSOA) by failing to evaluate whether trail grooming and other winter use activities violate the purpose of the National Park system and of YNP and GTNP; and the Administrative Procedure Act (APA) by failing to provide for public notice and comment on decision to groom trails.
SUMMARY OF REQUESTED RELIEF: The court is asked to declare that the NPS has violated NEPA, ESA, NPSOA, YNP and GTNP Acts, the APA, and its own regulations by permitting uncontrolled and destructive winter use of YNP and GTNP. The court is asked to direct the NPS to comply with the ESA by engaging in formal Section 7 consultation regarding the impacts of winter use activities on threatened and endangered species, comply with NEPA by preparing an EIS evaluating the environmental impacts of winter use in the parks, and enjoin the grooming of snowmobile trails pending completion of the EIS and compliance with the ESA and APA.
SUMMARY OF IMPACTS: Winter use in YNP and GTNP has grown exponentially since the 1960s, when virtually no winter use was recorded, to the mid-1990s, when over 300,000 visitors annually recreate in the parks. Since the late 1970s, the popularity of the parks for snowmobiling has increased substantially with over 70,000 snowmobiles entering the parks during the winter of 1996-97.
The National Park Service (NPS) has facilitated winter and snowmobile use of these parks by grooming snowmobile trails, providing and expanding on overnight accommodations, and constructing warming huts, fueling stations, and other facilities needed to serve the expanding number of winter users.
Such increased winter use activities have not come without a cost. The environmental impacts associated with winter use, particularly snowmobile use and the grooming of snowmobile trails, have resulted in substantial changes to the ecology of the parks and their wildlife.
Such impacts include changes in the population dynamics, distribution, movements, and habitat use of park ungulates who have learned to use the groomed trails as energy efficient travel routes. The energy savings associated with using these routes corresponds to a decrease in winter mortality, increase in survival, and an increase in productivity in these species. As a result, some species, like bison and elk, are maintained at population sizes which have not resulted in overgrazing impacts but which, nonetheless, are inconsistent with the so-called natural regulation mandate of the National Park Service.
Of the park species affected by these changes, none have suffered more than the bison. Their use of the groomed trail system has facilitated their movements both within and outside of YNP. Unfortunately, due to abominable bison management policies adopted by Montana and the NPS most bison who emigrate near or across YNP boundaries are killed. Nearly 1,100 bison were killed this winter alone. It is indisputable that if YNP did not groom snowmobile trails or permit snowmobile use, this winter's bison carnage would have never occurred. Indeed, Dr. Mary Meagher, YNP's bison expert, has determined that the groomed trails are the largest factor contributing to bison movements outside of the park.
The groomed trails also may have altered predator/prey interactions in the parks. The trails likely provide predators with access to prey populations which they otherwise may not be able to gain due to snow depth. In addition, the amount of snowmobile use in Yellowstone may be displacing gray wolves from critical winter habitat. Studies in Canada have shown that above a certain level of human winter use, which was much less than that experienced in Yellowstone, wolves will abandon habitat. Grizzly bear access to critical winter-killed carrion upon den emergence is also reduced due to ungulate use of the groomed trail system. Not only have the groomed trails reduced the proportion of winter-killed carrion, but many of the animals that die do so near the road system. Studies in Yellowstone have shown that grizzlies avoid carrion when near roads and developments.
Snowmobile use in the parks has also affected air quality. Snowmobiles are highly polluting machines emitting substantially more carbon monoxide, hydrocarbon, and nitrous oxides than an automobile. Preliminary air quality studies in Yellowstone have revealed that on certain days pollutant levels in Yellowstone exceed federal and state standards. Indeed, on some days, carbon monoxide levels in YNP have been worse than anywhere else in the country. This pollution, along with the noise and sheer numbers of snowmobiles using the parks daily has diminished the recreational experience of other park users.
In response to the slaughter of bison this past winter, Secretary Babbitt, in February, called upon Montana's Governor Racicot to seek a resolution to this issue to prevent a repeat of this winter's tragedy. The preparation of an Environmental Impact Statements on winter use in YNP and GTNP in concert with a prohibition on the grooming of snowmobile trails while the EIS is being prepared is the first step towards such a resolution.
An EIS will provide the NPS the opportunity to comprehensively evaluate the environmental impacts of all winter use activities, including snowmobiling and trail grooming, while also permitting the public to participate in the decision-making process. In the interim, to reduce further environmental impacts and to prevent the irretrievable commitment of NPS resources, trail grooming must be prohibited. While such a prohibition may not prevent all bison from leaving the park, it will reduce the number and pace of bison emigrating from YNP.