Southern Forest Watch, an organization that has long fought to bring an end to backcountry user fees at Great Smoky Mountains National Park, lost its latest bid when the 6th U.S. Circuit Court of Appeals rejected the group's appeal from a lower court.
In a 16-page opinion (attached below) handed down this week, the appellate court refused to overturn the summary judgment the U.S. District Court for Eastern Tennessee granted the federal government in the case. The appellate court also rejected Southern Forest Watch's argument that the district court erred by not agreeing to grant it discovery beyond what was contained in the park's administrative record established around the move to institute a nightly fee for backcountry travelers in the park.
Southern Forest Watch built its case on grounds that Great Smoky officials violated the guidelines for establishing new fees under the Federal Lands Recreation Enhancement Act, failed to adequately get public participation in the discussions revolving around the fee, and didn't properly notify the public of the process. On each point the 6th Circuit panel disagreed.
Great Smoky officials started considering a backcountry fee in 2010, when the company that maintained their campsite reservation system announced it would no longer provide technical support. The need for a fee, then-Superintendent Dale Ditmanson explained, was an inadequate budget and the inability to charge an entrance fee for any of his roughly 9 million yearly visitors. The only way to improve visitor services and protect backcountry resources, he said in a 2012 interview with the Traveler, was to institute a fee for backcountry travelers.
New fees and higher fees in the park system are seldom popular, and so it wasn't surprising that when Superintendent Ditmanson proposed a fee for overnight use in the park's backcountry that it was met with some condemnation when the public was asked to comment on the proposal.
Part of the concern was that the proposed fees, which ranged from a low of $4 per person per night to a high of a $10 registration fee plus $2.25 per night per person, could eclipse front-country campsite fees, which ranged from $14-$20 per night, depending on how many were in your group. Other issues raised in the comments were complaints that day hikers would not be charged a fee, that those who traveled the backcountry by horse would not see a higher fee to help repair the damage hooves do to trails, that motorists traveling through the Smokies do so for free.
After taking those concerns into consideration, the park in February 2013 instituted a fee of $4 per night per person, with a $20 per person cap per trip.
Comments
"Further, the Park Service did not intend for Manual 22A to be binding." from ruling
Nothing binds the NPS. Including the peskier aspects of their own rules. Much like Jarvis and the ethics board.
Well, it appears from the court rulings - two of them - that the NPS is bound by laws. And, the courts found the NPS followed the law. Dedicated public servants following the law. Excatly what they should be doing.
Dedicated public servants? Like Jon Jarvis? Hilarious. Dedicated to making their own rules, then ignoring them because they are above their own "manuals".
Backpacker, I pity you for how miserable a life that paranoid and conspiracy laden has to be.
I'm not a park employee but have been married to one for years, and have known dozens of her coworkers. NONE match your sneering accusations. Seek help.
Rick,
Your comment reminds me of a quote from Winston Churchill which I think definitely applies to you members of the NPS kool-aid club. A particularly nasty woman once chided him, saying, "If I were your wife, I would poison your drink." Whereupon Churchill replied, "Were I your husband, I would surely drink it!"
Happy Easter, Rick
Backpacker--You make me laugh with your visceral dislike of anyone connected with the NPS. Get a life.
Rick,
Yeah. I must hate the NPS. Which is why I have been a volunteer for the NPS for several years.
Makes sense. Come on down to the pavilion, there's more kool aid left.
This whole situation was quite bizarre the whole way through. While, I do understand why some would challenge the backcountry fee, I definitely did not agree with the tactics of John Quillen, and Morton Myers of SFW and how they went about their business during this 5 year time period. Many that were on this site over the years, saw some of it if you followed the news on the Smokies. This group did little when it came to presenting a case, instead they took the tactics of spouting constant lies, completely trumped up conspiracies that were so easy for the court and NPS to dismantle. John Quillen, especially was very boastful with intimidation tactics that always hinted at physical threats against NPS employees and concessionaries. The list goes on. These guys ran their lawsuit like a peewee squad so it's of no surpise they lost.
Basically, these guys were like the fools in the Oregon takeover. Their lack and knowledge of the rules and regulations were apparent throughout the whole ordeal, and I think they knew it, hence why they just resorted to the tactics I stated above. Heck, these two still to this day don't really understand the difference between private land, and public land, let alone understanding the differences in the various land managemnt policies that cross all the different agencies within the federal government. Like I said, a lack of professionalism from this peewee squad.