The helicopter industry has lost its bid to prevent air tour bans from taking effect in Badlands National Park and Mount Rushmore while it appeals the bans/NPS file
With a one-sentence ruling the 8th U.S. Circuit Court of Appeals has refused to stay, pending appeal, commercial air tour bans approved by the National Park Service for Badlands National Park and Mount Rushmore National Memorial in South Dakota.
Last fall the Park Service announced that the tours would be banned at the two parks and within one-half mile outside their boundaries to protect park resources, including natural and cultural resources, tribal sacred sites and ceremonial areas, wilderness character, and visitor experience. The bans took effect May 13.
The helicopter industry in South Dakota had gone to the 8th Circuit to appeal the bans, which were approved by the Park Service and the Federal Aviation Administration, saying they were arbitrary and capricious and not supported by evidence meriting the bans.
"No facts of real complaint from the park visitors or residents about the alleged disturbance are shown, and the alleged disturbance only 'may' have disturbed wildlife and Native American cultural sites," the industry argued in seeking a stay while they appealed the bans.
The 8th Circuit was not swayed, though.
"The motion for stay pending appeal is denied," the court said Friday.
The legal battle over airspace over national parks has been ongoing since 2000, when Congress passed the National Parks Air Tour Management Act and ordered the Park Service and FAA to get together and come up with air tour management plans for parks. The process has been slow, criticized, and targeted by lawsuits.
As parks across the National Park System released their draft plans, they revealed that there seemed to be no central goal for parks to follow. While Glacier National Park's plan calls for all commercial air tours to be phased out by the end of 2029 because "[T]he preservation of natural sounds, protection of natural and cultural resources, wilderness character, and preserving visitor experience by addressing noise issues are priority NPS management objectives for the Park," at Bryce Canyon National Park in Utah officials told the National Parks Traveler they never considered a ban as they worked on a draft air tour management plan.
Staff at Bryce Canyon, and many other parks, claimed there were no significant impacts from the air tours to require more extensive environmental studies as the National Environmental Policy Act requires, and so applied "categorical exclusions" that allowed them to avoid those studies.
At Badlands, however, Superintendent Eric Veach said in November when the overflight ban was approved for his park that "[P]rohibiting commercial air tours protects the cultural and spiritual significance of these lands to tribes, and is reflective of the experience desired by visitors."
Mount Rushmore Superintendent Michelle Wheatley said much the same.
The Helicopter Association International was quick to oppose the bans.
"Besides closing off opportunities for thousands of visitors to enjoy the natural beauty of the parks, the NPS aims to cut back airtour flights to such a degree that some tour operations will close," the association, which represents more than 1,100 companies and over 16,000 industry professionals in more than 65 countries, said last June.
“It is time to use our collective voice, even if you do not think you are affected by these proposals,” James Viola, HAI president and CEO, said at the time. “The Park Service will continue to produce these [air tour management plans] for other lands administered by them, so it is important that our industry speaks up now. I suggest that you also forward this message to your friends and colleagues so that the Park Service hears us loud and clear.”
According to the association, providing air tours "is an important workforce development pipeline for the vertical aviation industry. Reducing or eliminating these flights will create significant complications for an industry that is already facing a shortage of skilled personnel. Moreover, tourism is a major economic driver in both Hawaii [where flight reductions have been considered at Hawai'i Volcanoes and Haleakalā national parks] and South Dakota."
The ruling by the 8th Circuit last week was hailed by Public Employees for Environmental Responsibility, which fought the industry's request for a stay along with the Coalition to Protect America's National Parks.
“One key element to winning a stay is the ability to show a likelihood of prevailing on the merits, and the court found that these companies failed to meet that burden,” said PEER Litigation and Policy Attorney Colleen Teubner, who participated in the case. “Given Friday’s ruling, we have every reason to be optimistic about our chances of success in defending the air tour management plans.”
“This case illustrates that Congress merely passing a law is not enough; nothing happens without agency implementation,” said PEER Senior Counsel Peter Jenkins. “Hopefully, we are in the final stages of our efforts to restore control over their skies to the national parks.”
According to PEER, NPS and FAA have completed air tour management plans for 21 of 23 parks. PEER is in court challenging the adequacy of air tour plans adopted for four San Francisco Bay Area parks.
Previous Traveler articles pertaining to air tour management plans in the National Park System:
The Battle For The Skies Over National Parks Drags On
National Parks Proposing To Ban, Significantly Cut Back Commercial Air Tours
Badlands National Park, Mount Rushmore National Memorial Move To Ban Air Tours
Traveler's View: NPS Must Take A Closer Look At Air Tours
Helicopter Industry Lobbying Against Proposed Cuts In National Park Air Tours
Haleakalā National Park Finalizes Air Tour Management Plan
National Park Service Proposes Air Tour Ban Over Bandelier National Monument
Air Tour Management Plans Adopted For Arches, Canyonlands, And Natural Bridges
National Park Air Tour Management Plans In California Challenged In Court
Bryce Canyon National Park Releases Air Tour Management Plan
Court Orders National Park Service, Federal Aviation Administration To Develop Air Tour Guidelines
NPS Explains Approach To Crafting Air Management Tours At Bryce Canyon National Park
FAA, NPS Running Behind On Finalizing Air Tour Management Plans For Parks
National Park Service, FAA Ordered To Explain Delays With Air Tour Plans
National Park Service Silent On Charges It's Skirting Environmental Laws With Air Tour Plans
Comments
"No facts of real complaint from the park visitors or residents about the alleged disturbance are shown,[...]"
Alright, tell me how to register a real complaint. The helicopter flights disturb me.
"The bans took effect May 13."
There were at least two helicopter flights over Keystone heading toward Mount Rushmore on May 24. (The two flights could have been the same helicopter.)