But an ill-conceived development plan for part of the canyon now threatens canyon enthusiasts' outdoor experience, the survival of 18 bald eagles and the area's wild character.
As we wrote in the last issue of Frontline, developer Dick Edgcomb bought the River Bend Ranch several years ago and then sold part of the property to a consortium of investors (including himself), organized as "Canyon Club, Inc." Their initial proposal for a golf course in the canyon included tee boxes on sand bars right in the Snake River!
After howls of protest from conservation groups and outdoor enthusiasts, Canyon Club quickly regrouped. Last fall, the club submitted a slightly revised plan to the Army Corps of Engineers, which had to issue a dredge-and-fill permit before construction could begin, since the work affected wetlands. By June, after putting significant pressure on the Corps, Canyon Club Inc. had its permit.
A Failed Court Challenge
Environmental groups brought suit challenging the permit, represented by Earthjustice, with WOC's Water Protection Program attorney Steve Jones serving as local counsel.
On August 19th, Judge William F. Downes made his decision, concluding that the Jackson Hole Conservation Alliance and the Greater Yellowstone Coalition had not established that irreparable harm was "imminent," and refusing to impose a preliminary injunction to stop work on the golf course.
Construction is already threatening the area's eagles. When they are disturbed by human activity, eagles will either abandon nests they have used for years and look for safer spots, or will continue to use the nests for roosting, but will not mate.
So, a pastoral setting in the middle of public land and in one of the most productive areas for bald eagles in the entire Greater Yellowstone Ecosystem will be ripped apart for the pleasure of a few rich golfers. (Club memberships will start at $150,000).
Critical Decisions
Judge Downes must still rule on whether the golf course will ultimately have to be stopped. He will have to decide the answers to a number of critical questions. Did the Corps of Engineers fail to consider a range of development alternatives? Was the Corps obligated to choose a more environmentally benign alternative under the Clean Water Act? Will the construction of this golf course generate a taking of bald eagles under the Endangered Species Act?
In addition, since Judge Downes made his initial decision, new information has come to light. First, it has been revealed that so-called "Trout Creek," which runs through the development, is really not a creek at all, but rather a channel of the Snake River. This could affect the golf-course design, since county regulations require a 150-foot setback between the river and any planned development.
Then, in September, a team of three hydrologists, including Luna Leopold (considered the father of American hydrology), evaluated the golf-course-and-mansions plan and declared, in an 11-page letter to Teton County Commissioners, that up to five golf holes and 21 homesites are at risk of flooding as the Snake River continues to relentlessly pound away at the western edge of the development site.
In the meantime, the U.S. Forest Service must consider issuing a special-use permit to Canyon Club Inc. to use a Forest Service road to access the property, and Teton County must decide whether to approve the final development plan.
We hope that Judge Downes, the Forest Service and Teton County will recognize the need to preserve the natural integrity of the Snake River Canyon and take steps to stop the most environmentally destructive aspects of this development. Stay tuned. |
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