Hale

In 2002, plaintiffs-appellants (collectively “the Hales”) purchased 410 acres of land near McCarthy, Alaska. Their property is completely surrounded by the Wrangell-St. Elias National Park and Preserve (the “Park”), which was created in 1980. The Hales gain access to their property over what used to be the thirteen-mile McCarthy-Green Butte Road (the “MGB road”). In 1988, the Alaska Road Commission listed the MGB road as “abandoned.” All of its bridges have washed away, and the effects of vegetation and erosion have reduced it to little more than a trail.

The house on the Hales’ property burned down in the spring of 2003. During the course of rebuilding, the Hales used a bulldozer to bring in supplies over the MGB road without first seeking authorization from the National Park Service (“NPS”). Shortly thereafter, the NPS posted a public notice stating that no motorized vehicles except snow machines could use the MGB road. In July 2003, the Hales contacted the NPS superintendent to request a permanent permit to traverse the MGB road with a bulldozer and a trailer. The superintendent promptly responded, offering to assist the Hales in preparing the necessary applications for a…