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Voyageurs Nat'l Park Ass'n v. Norton

ELR Citation: 34 ELR 20082
Nos. No. 03-2911, (8th Cir., 08/25/2004)

The Eighth Circuit upheld a district court decision granting summary judgment to the National Park Service (NPS) on an association's complaint seeking to enjoin the NPS' decision to open 11 bays of the Voyageurs National Park to recreational snowmobile use. The NPS did not decide to open the bays to snowmobiling in 2001. Rather, the bays were opened to snowmobiling in 1991 when the NPS promulgated a regulation. Nothing in the administrative record establishes that the NPS was arbitrary or capricious in carrying out its NEPA and ESA obligations in conjunction with the 1991 opening of the bay areas to motorized-recreational use. Based on a review of the record, the NPS was not arbitrary or capricious in its subsequent "reopening" of these 11 bays after deciding not to renew the annually decided closing.