Snowmobilers Challenge WSA Protections - Again

The Courthouse News Service reported today that snowmobilers filed yet another lawsuit, this time against the Gallatin National Forest for its plan to protect portions of the Hyalite Porcupine Buffalo Horn Wilderness Study Area (WSA). Interestingly, the article explains,

“Snowmobilers and environmentalists have filed at least nine lawsuits in the past 3 years over snowmobiles in Montana and Wyoming. The snowmobilers are somewhat more sue-happy, with six of these to their count.”

This latest lawsuit, filed by Citizens for Balanced Use (CBU), challenges the interim winter travel plan put in place as a response to a decision by Judge Molloy that the agency failed to protect the area’s wilderness character as it existed in 1977. See more here. The lawsuit also comes on the heels of a different decision by Judge Haddon that overturned similar protections in the Judith Wilderness Study Area on the Lewis & Clark National Forest; a decision that is being challenged in the 9th Circuit Court of Appeals. Read more here.

Clearly there are conflicting judicial opinions that need resolving, but in the meantime CBU hopes it can get an injunction to overturn the Gallatin NF’s interim winter plan and put snowmobiles back into the protected areas. Fortunately, their complaint rests on dubious claims. Most notably they assert that maintaining wilderness character as it existed in 1977 means the Forest Service cannot limit snowmobiles in open areas because doing so would constitute an increase in wilderness character; something they claim the act prohibits. Of course this is ridiculous and ignores the fact that levels of use have greatly increased in past years, and newer technology allows people to reach areas unthinkable in 1977.

Judge Molloy succinctly explained the problem in his decision:

“Without scientific data showing that the reconfigured area for motorized and mechanized vehicle use accounts for the impact to wilderness character caused by increased intensity of use, Judge Lynch concluded the Service “entirely failed to consider an important aspect of the problem” and thus its decision was arbitrary and capricious.”

CBU’s challenge completely ignores this problem and instead focuses only on the areas available for snowmobile use when the Wilderness Study Act passed. Perhaps one solution would be to require people only use snowmachines with the capacity they had in 1977.