STATE v. U.S. DEPARTMENT OF INTERIOR

Nos. 10-8088, 10-8089, 10-8090

STATE OF WYOMING, Petitioner-Appellant, PARK COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner, and INTERNATIONAL SNOWMOBILE MANUFACTURERS ASSOCIATION, INC., Plaintiff-Intervenor, v. UNITED STATES DEPARTMENT OF INTERIOR; KEN SALAZAR, in his official capacity as Secretary of the United States Department of the Interior; JON JARVIS, in his official capacity as National Park Service Director; MICHAEL SNYDER, in his official capacity as National Park Service Intermountain Regional Director, NATIONAL PARK SERVICE, Respondents-Appellees, and NATIONAL PARKS CONSERVATION ASSOCIATION, Respondent-Intervenor-Appellee. STATE OF WYOMING, Petitioner, PARK COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner-Appellant, INTERNATIONAL SNOWMOBILE MANUFACTURERS ASSOCIATION, INC., Plaintiff-Intervenor, v. UNITED STATES DEPARTMENT OF INTERIOR; NATIONAL PARK SERVICE; JON JARVIS, in his official capacity as National Park Service Director; MICHAEL SNYDER, in his official capacity as Intermountain Regional Director, National Park Service; KEN SALAZAR, Respondents-Appellees, and NATIONAL PARKS CONSERVATION ASSOCIATION, Respondent-Intervenor-Appellee. PARK COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner, INTERNATIONAL SNOWMOBILE MANUFACTURERS ASSOCIATION, INC., Plaintiff-Intervenor-Appellant, v. JON JARVIS, in his official capacity as Director of the National Park Service Director; KEN SALAZAR, in his official capacity as Secretary of the United States Department of the Interior; MICHAEL SNYDER, in his official capacity as Intermountain Regional Director, National Park Service; UNITED STATES DEPARTMENT OF INTERIOR, Respondents, and NATIONAL PARKS CONSERVATION ASSOCIATION, Respondent-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

February 29, 2012.


Attorney(s) appearing for the Case

James Kaste , Senior Assistant Attorney General, Cheyenne, Wyoming, and James Davis , Deputy Park County Attorney, Cody, Wyoming ( Jay Jerde , Deputy Attorney General, Cheyenne, Wyoming, Bryan A. Skoric , Park County Attorney, Cody, Wyoming, with them on the brief), for Petitioners-Appellants.

( William P. Horn , Birch Horton Bittner & Cherot, PC, Washington D.C., Harriet M. Hageman , Hageman & Brighton, Cheyenne, Wyoming, on the brief for Petitioner-Intervenor-Appellant).

Andrew Mergen , United States Department of Justice ( Ignacia S. Moreno , Assistant Attorney General, Aaron P. Avila and Justin R. Pidot , United States Department of Justice, with him on the brief), Washington, D.C., for Respondents-Appellees.

Robert D. Rosenbaum ( Brett E. Marston and Holly E. Sterrett , with him on the brief), Arnold & Porter LLP, Washington, D.C., for Respondent-Intervenor-Appellee.

Before BRISCOE, Chief Judge, BALDOCK, and HOLMES, Circuit Judges.


BALDOCK, Circuit Judge.

In 1974, the National Park Service (NPS) adopted a default rule prohibiting the use of snowmobiles in all national parks except on designated routes. 36 C.F.R. § 2.18(c). Pursuant to the default rule, NPS must promulgate a special regulation designating specific routes open to snowmobile use in a particular national park. Absent such a rule, no snowmobiles are allowed. See id. ("Snowmobiles are prohibited except...

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