On September 15, 2008, the U.S. District Court for the District of Columbia issued an opinion that vacated and remanded to the NPS the 2007 Final Environmental Impact Statement, 2007 Record of Decision, and 2007 Final Rule.

Because the Court’s ruling left no provision in place for snowmobile or snowcoach use, the National Park Service issued the Winter Use Plans Environmental Assessment Part 1 (1.9 MB pdf), Part 2 (745 Kb pdf) on November 3, 2008. The preferred alternative would have allowed up to 318 snowmobiles and 78 snowcoaches per day into Yellowstone for 3 winters. All snowmobiles would have been commercially guided and would have needed to conform to Best Available Technology (BAT) emission and sound level requirements. During the life of the plan, snowcoach operators would have been required to implement BAT for their vehicles (BAT requirements for snowcoaches go into effect in 2011).

On November 7, 2008, however, the U.S. District Court for the District of Wyoming issued an order directing the National Park Service to reinstate the 2004 rule for snowmobile and snowcoach use in Yellowstone and Grand Teton National Parks and the John D. Rockefeller, Jr. Memorial Parkway. This rule will allow up to 720 BAT, guided snowmobiles into Yellowstone, and up to 78 snowcoaches per day.

The NPS will use the information from the public comment period on the EA in its efforts to craft a new long-term winter use plan. The EA, as well as the 2004 rule (now reinstated), have the purpose of ensuring that park visitors have a range of appropriate winter recreational opportunities, while ensuring that these recreational activities do not impair or irreparably harm park resources or values.