Skiing, as recognized by Congress, is a popular, healthful, and life-enriching use of National Forest Land. In 1986, Congress passed legislation to make it easier for ski resort developers to obtain permits, but a textual bias in the Forest Service’s implementing regulations and attacks by environmentalists both in the courts and literally at the sites has largely defeated that intent. Also, the Forest Service recently proposed new restrictions on Colorado’s White River National Forest that, among others, would limit ski resorts to the size of their current permits. This Comment will explore the Forest Service’s proposal in the context of the ongoing debate over National Forest resource management. It will compare the current system with EPA’s Project XL, which rewards superior performance and innovation in environmental protection. This Comment suggests that an approach to National Forest resource management that incorporates the rationales of Project XL would ameliorate the protection of our National Forests and the relationship between the Forest Service, developers, recreational users, and environmentalists.
Ski Resorts and and the National Forests: Rethinking Forest Service Management Practices for Recreational Use,
B.C. Envtl. Aff. L. Rev.