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Wilderness Watch & Pub. Employees for Envtl. Responsibility v. Mainella

ELR Citation: 34 ELR 20038
Nos. No. 03-15346, (11th Cir., 06/28/2004)

The Eleventh Circuit held that the National Park Service (NPS) violated §113(c) of the Wilderness Act when it ran tourist vans through Cumberland Island, Georgia. Section 113(c) bars motor vehicles in wilderness areas except as necessary to administer the area for purposes of the Act, and offering motorized transportation to park visitors through the wilderness area does not qualify for this exception. The NPS also violated NEPA when it failed to consider environmental impacts from the tours. The action did not qualify for a categorical exclusion under the Act. The agency, therefore, should have conducted a formal, written review.