In a petition for review of the National Park Service's decision to permit the continued use of motorized rafts and support equipment in Grand Canyon National Park, the petition is denied where: 1) certain Park Service policies challenged by plaintiffs did not prescribe substantive rules, nor were they promulgated in conformance with the procedures of the Administrative Procedure Act; and 2) a subsequent management plan was not arbitrary and capricious for failing to remove motorized uses in the Colorado River Corridor immediately.
Argued and Submitted June 10, 2009
Filed February 1, 2010
Julia A. Olson, Wild Earth Advocates, Eugene, OR
Matthew K. Bishop, Western Environmental Law Center, Helena, MT
Charles R. Scott, Attorney, United States Department of Justice, Washington, DC