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MONDAY, AUGUST 19, 2002

A federal appeals court on Friday upheld Clinton-era regulations that limit flights over tribal and sacred land in the Grand Canyon National Park of Arizona.

In its second ruling on the issue, the District of Columbia Court of Appeals rejected a series of challenges brought by the air tour industry. A three-judge panel said the federal government can change the number of allowable flights in order to restore the park's natural beauty and affirm its trust responsibilities to area tribes.

"We conclude that the . . change is neither arbitrary nor capricious," wrote Circuit Judge Garland for the majority.

The court, however, was unable to resolve a number of questions raised by a group of environmentalists that could lead to even more restrictions. The case was returned to the National Park Service and the Federal Aviation Administration for further review.

The dispute represents a key battle between industry interests and land protections. As many as 100,000 flights cross the park in any given year, representing an economic boon for the air tour operators.

But hikers and area tribes contend the trips are too noisy. The Havasupai Tribe, whose members reside at the bottom of Grand Canyon, and the nearby Hualapai Tribe, object to the intrusion on their lands and sacred sites.

To try and balance the concerns, the Clinton administration in April 2000 adopted rules both to change the flight paths and to cap the number of air tours. The lawsuit addressed only the latter limit.

According to the Air Tour Association, an industry group that brought the lawsuit, the changes will kill all air visits to the park. The tour operators raised five objections but all were rejected on factual and legal grounds.

The Grand Canyon Trust, representing six environmental groups, and the Hualapai Tribe were also involved. They want the government to abide by a law that requires the park to be 50 percent quiet at least 75 percent every day.

The definition of "day" is in dispute. The government applied an "average" standard that doesn't correlate with actual visits to the park, the environmentalists contend.

The environmental groups also want non-air tour flights factored into the analysis. The government was unable to explain why the flights were excluded and the court ruled that the silence was "arbitrary and capricious and requires reconsideration."

Get the Case:
US AIR TOUR ASS'N v. FED. AVIATION ADMIN., No. 00-1201 (D.C. Cir. August 16, 2002)

Relevant Links:
Grand Canyon National Park - http://www.nps.gov/grca
Grand Canyon Trust - http://www.grandcanyontrust.org

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