Judge leery about reversal on snowmobiles in park

WASHINGTON — A federal judge questioned Thursday what prompted the Bush administration's decision to let snowmobilers keep riding in Yellowstone National Park.

The current plan will allow a limited number of snowmobiles to enter the park and require them to be built with cleaner, quieter engines.

U.S. District Judge Emmet Sullivan called it a "360 degree change" from the Clinton administration's plan to phase out their use.

"What's really driving these decisions?" he asked Interior Department lawyer Andrew Emrich at a hearing.

Emrich said new, low-emission snowmobile engines allowed the National Park Service to redesign its plan so snowmobiling could continue because the park was protected from pollution.

"Technology had come quite a way in just a couple years," Emrich said.

Several conservation groups are asking Sullivan to strike down the plan, which they contend does not do enough to protect park wildlife and workers from air and noise pollution.

Abigail Dillen, a lawyer for the Greater Yellowstone Coalition, said haze and health risks will continue in the park in spite of the improved machines.

"Those things are not consistent with protecting national parks," Dillen said.

The group, based in Bozeman, Mont., argued a ban is the only way to protect the park's natural resources and wildlife and said there was no justification for reversing it.

The Interior Department, which oversees the park service, said its decision was appropriate and wants the challenge thrown out.

Sullivan said he may not decide the case until after the snowmobile rule is published, the last formal step before it takes effect. He set a court hearing for Dec. 17 — the day snowmobiling is expected to begin in Yellowstone and nearby Grand Teton National Park.

Sullivan asked Emrich whether the government would delay the start of snowmobiling until three days after the rule is published to give time to resolve the court case. Emrich said he would determine that by Monday.

The Fund for Animals conservation group also opposes the snowmobile rules, alleging that the park service failed to thoroughly evaluate whether its practice of grooming snow-covered roads for snowmobiles and snowcoaches harms wildlife by creating unnatural corridors for them to move out of the park.

The park service under President Bush agreed to review the Clinton ban as part of a legal settlement with snowmobile makers.

Although it is not an all-out ban, the new plan marks the first time the park service will limit the type and number of snowmobiles allowed in the parks.

Riders also must make reservations and travel in guided groups. Rangers will monitor air quality, noise and wildlife and make adjustments to the entry limits if needed.