Wilderness Public Rights Fund v. Kleppe 608 F.2d 1250 (9th Cir. 1979) The National Park Service (NPS) did a study of the effects of boating on the Grand Canyon and concluded that there needed to be a limit on the number of boaters in order to preserve the environment. NPS issued an interim rule freezing the number permits to 96,600 user-days per year. The study apportioned the permits between commercial operators (who took tourists down the river), and non-commercial, recreational boaters who went down the river themselves. NPS gave 92% to the commercial operators, leaving only 8% to the non-commercial boaters. Btw, before this case reached the Appellate Court, the NPS issued a final rule that gave 30% to the non-commercial boaters and 70% to the commercial operators. The non-commercial boaters (organized into the WPRF) sued in two separate cases. WPRF claimed that it was unfair that 92% of the permits went to tour companies, and that non-commercial boaters should get priority. Both Trial Courts found for NPS. WPRF appealed. The Appellate Court affirmed. The Appellate Court looked to the wording in the National Park Service Organic Act (16 U.S.C. §3) and found that NPS has the responsibility to manage the National Parks. The Court found that NPS had to balance the rights of the tour companies and the non-commercial boaters and allocating a percentage to each group was reasonable (aka not arbitrary and capricious). The Court noted that the commercial operators did provide an important service since they allowed non-experienced boaters to enjoy the river. Since NPS had changed their allocation, the Court chose not to decide whether the 92%-8% split had been unreasonable.