Decision is a victory for historic structures in wilderness areas across the country
The United States District Court for the Western District of Washington has dismissed a lawsuit
against the National Park Service (NPS), thus asserting the NPS’ authority to maintain the historic structures in the Olympic Wilderness, which comprises the vast majority of Olympic National Park. The following are statements by the National Trust for Historic Preservation, the Washington Trust for Historic Preservation and the Friends of Olympic National Park which intervened in the lawsuit in support of the National Park Service:
“We applaud the Court for ruling that the designation of wilderness need not result in the erasure of cultural resources within that landscape,” said Brian Turner, senior field officer and attorney for the National Trust for Historic Preservation. “We believe that Olympic National Park’s historic cabins, trail shelters, and other rustic structures are an enhancement, not a detriment to experiencing the land’s natural beauty and share the court’s opinion that the Wilderness Act and the National Historic Preservation Act can be used in concert to ensure that Olympic’s heritage is intact for future generations of Park users.”
"The court’s ruling has far-reaching implications,” noted Chris Moore, executive director of the Washington Trust for Historic Preservation. “It enables the National Park Service and other federal agencies that manage America’s wilderness to meet their stewardship mission related to historic and cultural resources in a manner that complies with the Wilderness Act. Washingtonians understand that the historic structures in our backcountry areas complement the Wilderness experience.”
“The decision is a fitting tribute to former Washington Senator Daniel J. Evans,” said Rod Farlee, vice-president of the Friends of Olympic National Park. “Senator Evans was instrumental to the passage of legislation creating the Olympic Wilderness and supported the preservation of its backcountry structures.”
On December 9 Congress passed a law renaming the wilderness in honor Senator Evans, which President Obama is expected to sign into law.
The coalition of preservation groups is grateful to our pro bono legal representation by Elaine L. Spencer and David O. Bechtold of Miller Nash Graham & Dunn LLP for their excellent work on behalf of the local, state, and national preservation interests.
About the Historic Structures of Olympic National Park
The precious few cabins, trail shelters and other rustic structures that remain within the Olympic Wilderness provide an unobtrusive complement to the park’s natural beauty. They enrich visitors’ experience and provide a safe spot for backpackers of all ages to seek shelter during a storm, or to gaze upon the park’s stunning beauty. These structures also serve as a tangible link to the early history of the park, and the distinctive craftsmanship of that era. Only 18 of the original 90 shelters in Olympic Wilderness remain today. They are all eligible for or listed on the National Register of Historic Places.
About the Lawsuit
Montana-based Wilderness Watch sued the National Park Service, seeking the court-ordered removal of four trail shelters and a cabin from the park’s wilderness areas. But the preservation groups supporting NPS believe Olympic’s historic structures can be managed in accordance with both the National Historic Preservation Act and the Wilderness Act. The preservation groups were represented pro bono by Elaine L. Spencer and David O. Bechtold of Miller Nash Graham & Dunn LLP.
About the Washington Trust for Historic Preservation
The Washington Trust for Historic Preservation is a statewide, nonprofit advocacy organization that works to save Places That Matter across Washington State. PreserveWA.org
About the Friends of Olympic National Park
Formed in 2001 with the mission of supporting Olympic National Park in preserving the Park's natural, cultural and recreational resources for the benefit of present and future generations. FriendsONP.org
- Erica Stewart, Public Affairs, National Trust for Historic Preservation; 202-207-6795, Email: Estewart@Savingplaces.Org
- Chris Moore, Executive Director, Washington Trust for Historic Preservation; 206-624-9449, Email: Cmoore@Preservewa.Org
- Rod Farlee, Vice-President, Friends of Olympic National Park; 360-681-4518, Email: Rodfarlee@Olypen.Com
About the Specific Structures at Risk
, near Wilder, is an 11’ x 17’ log cabin with gabled roof built in 1928 featuring fine, hand-crafted, dovetail-notched corners. The cabin is actively used as an emergency shelter. It was listed on the National Register in April of 2007 for its architectural significance and association with recreational history in the park. (Photo from Wikipedia)
Elk Lake Shelter
, 15 trail miles up the Hoh River, is a three-sided 14’ x 14’ log shelter with open front. Shelters at Elk Lake have offered refuge to climbers approaching Mt. Olympus since 1927. This shelter, a replacement built in 1963, represents the last variation of shelter design in the Park. (Photo from Windsox)
, 21 trail miles up the Elwha River, is a 12’ x 12’ three-sided solid log structure built in 1951 to accommodate backcountry visitors. It was listed on the National Register in 2008 and restored in 2011. (Photo from NWHikers)
Bear Camp Shelter
is a three-sided solid log structure 12’x16’ deep built in 1952 and restored in 2012. It is 16 trail miles up the Dosewallips River. (Photo from NWHikers/NPS)
Canyon Creek Shelter constructed by the Civilian Conservation Corps in 1939 overlooking Sol Duc Falls. This is a T-shaped, one-story log building with a wood-shaked, cross-gabled roof set on a concrete foundation. This shelter is the only CCC-built shelter remaining in the Park of three built. It was listed on the National Register in April 2007 for its architectural significance and association with the CCC. (Photo from Wikipedia)
Visit SavingPlaces.org for the original version of this story.
The record demonstrates that the Park Service did not arbitrarily and capriciously repair Botten Cabin, Canyon Creek Shelter, Wilder Shelter, Bear Camp Shelter, and Elk Lake Shelter in Olympic National Park’s wilderness. It reasonably determined the minimum amount of work necessary to preserve the structure’s historic integrity, consistent with the Wilderness Act. It also properly exempted this routine, replacement work from environmental review by first considering and dismissing the possibility that it would produce significant environmental impacts. Therefore, Wilderness Watch’s Motion for Summary Judgment [Dkt. #21] is DENIED.
Download the full text of the ruling here.