United States Eighth Circuit

Summary judgment challenging National Park Service's decision to open eleven bays in Voyageurs National Park to recreational snowmobile use is affirmed, and full-blown NEPA review is not required by Park Service every year before his annual decision to open or close bays for snowmobiling, as decision to open bays does not implicate formal rulemaking.

Appellate Information

• Decided 08/25/2004
• Published 08/25/2004

Judges

• SMITH, Circuit Judge., Before LOKEN, Chief Judge, SMITH, Circuit Judge, and DORR, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Brian B. O'Neill, argued, Minneapolis, MN (Richard A. Duncan and Anne E. Mahle, Minneapolis, MN, Julie Potts, Plymouth, MN), for appellant.


• For Appellees:
  
• Joan D. Humes, argued, Asst. U.S. Attorney, Minneapolis, MN, for appellee.