Michigan United Conservation Clubs v. Lujan

949 F.2d 202, 1991 WL 231849
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 13, 1991
DocketNo. 90-2013
StatusPublished
Cited by21 cases

This text of 949 F.2d 202 (Michigan United Conservation Clubs v. Lujan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michigan United Conservation Clubs v. Lujan, 949 F.2d 202, 1991 WL 231849 (6th Cir. 1991).

Opinion

RALPH B. GUY, Jr., Circuit Judge.

Plaintiffs, Michigan United Conservation Clubs and the National Trappers Association, filed this action asking the district court to declare unlawful and enjoin the enforcement of a regulation of the National Park Service (NPS or Park Service) as applied to two NPS administered areas, Pictured Rocks National Lakeshore (Pictured Rocks) and Sleeping Bear Dunes National Lakeshore (Sleeping Bear).1 Promulgated under the aegis of the Secretary of Interi- or, the regulation prohibits trapping in the National Park System except where specifically authorized by Congress. 36 C.F.R. § 2.2(b). Although the enabling acts creating Sleeping Bear and Pictured Rocks require the Secretary to permit “hunting and fishing,” the acts do not mention “trapping.”

In district court, plaintiffs argued that, by authorizing hunting, Congress intended to permit trapping. Plaintiffs further argued that 36 C.F.R. § 2.2(b) is contrary to previous Park Service policy governing the lakeshores and not within the authority granted to the Secretary by Congress. On cross-motions for summary judgment, the district court held that the regulation was a reasonable interpretation of the enabling acts of Sleeping Bear and Pictured Rocks, not arbitrary or capricious, and within the [204]*204agency’s statutory authority. Accordingly, the district court denied plaintiffs’ motion for summary judgment and granted summary judgment in favor of defendants.

For the reasons set forth below, we affirm the judgment of the district court.

I.

In 1916, Congress established the National Park System for the management of a growing body of publicly-owned national parks and national monuments. Congress provided that this system would be managed pursuant to the following mission:

[To] promote and regulate the use of the Federal areas known as national parks, monuments, and reservations hereinafter specified ... by such means and measures as conform to the fundamental purpose of the said parks, monuments, and reservations, which purpose is to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.

16 U.S.C. § 1 (hereinafter, the “Organic Act”). The Secretary of the Interior was authorized to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks....” 16 U.S.C. § 3.

In the decades that followed the enactment of the Organic Act, Congress added to the park system, which now comprises 355 units, a number of “nontraditional” park areas such as national seashores, lakeshores, and scenic riverways. In establishing some of these areas, Congress specifically authorized hunting, trapping, and fishing as permitted recreational activities. In the 1960s, the Park Service responded to the growing heterogeneity of the park system by tailoring the administration of these lands according to three “management categories,” According to the taxonomy outlined in a 1964 memorandum from then-Secretary of the Interior Udall to the Director of the Park Service, the park system was divided into three categories — natural, historical, and recreational — with the policies for their governance to be determined by the nature of the areas and their historical uses.

Park areas were categorized by grouping those areas with similar legislative directives. In the case of recreation areas, which included lands that had traditionally accommodated multiple uses, the Park Service began on its own initiative to allow hunting, trapping, and fishing if otherwise in accordance with the legislation affecting those areas. Admin.Rec.Doc. 9 at 31-33; 31 Fed.Reg. 12,750, 12,754 (1966).

Two subsequent amendments to the Organic Act, however, caused the Park Service to rethink its management policy. In a 1970 amendment, known as the General Authorities Act, 16 U.S.C. §§ la-1, et seq., Congress declared:

[T]hat the national park system, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States; ... that these areas, though distinct in character, are united through their inter-related purposes and resources into one national park system as cumulative expressions of a single national heritage; ... and that it is the purpose of this Act to include all such areas in the System and to clarify the authorities applicable to the system____

16 U.S.C. § la-1 (emphasis added). The Act continued: “Each area within the national park system shall be administered in accordance with the provisions of any statute made specifically applicable to that area[,]” as well as any other applicable authorities, “including but not limited to the [Organic Act].” 16 U.S.C. § lc. Eight years later, in a rider to the Redwood National Park Expansion Act, Pub.L. No. 95-250, 92 Stat. 163, Congress reiterated its intention that:

[T]he promotion and regulation of the various areas of the National Park System ... shall be consistent with and founded in the purpose established by [the Organic Act], to the common benefit [205]*205of all the people of the United States. The authorization of activities shall be construed and the protection, management, and administration of these areas shall be conducted in light of the high public value and integrity of the National Park System and shall not be exercised in derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by Congress.

16 U.S.C. § la-1 (emphasis added). Pursuant to these amendments, the Park Service concluded that Congress conceived of the park system as an integrated whole, wherein hunting, trapping, and any other activities in derogation of park values could be allowed only if authorized by a park area’s enabling legislation or other applicable federal law. See 1975 and 1978 NPS Management Policies, Admin.Rec.Doc. 17-19. Consequently, the Park Service initiated a revision of its regulations for the purpose of eliminating references to the three management categories and resolving inconsistencies that had developed in the management of park areas during the expansion of the National Park System. See Admin.Rec.Doc. 20.

The Secretary published proposed regulations in 1982, including the regulation in question in this lawsuit. 47 Fed.Reg. 11, 598. The contested regulation reads as follows:

§ 2.2 Wildlife protection.
(a) The following are prohibited:
(1)The taking of wildlife, except by authorized hunting and trapping activities conducted in accordance with paragraph (b) of this section.
(b) Hunting and trapping.

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Michigan United Conservation Clubs v. Manuel Lujan
949 F.2d 202 (Sixth Circuit, 1991)

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Bluebook (online)
949 F.2d 202, 1991 WL 231849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michigan-united-conservation-clubs-v-lujan-ca6-1991.