Canyoneers, Inc., Etc., Dba Grand Canyon Trail Guides v. Donald Hodel, Secretary, Department of the Interior

Canyoneers, Inc., an Arizona corporation operating in the Grand Canyon National Park, appeals from an adverse ruling by the district court regarding the failure of the National Park Service (“NPS”) to renew Canyoneers’ concession permit. The district court, 596 F.Supp. 106 , held that the statutory preference right afforded Ca-nyoneers as a satisfactory concessioner does not vest Canyoneers with an entitlement to permit renewal on substantially the same terms. Instead, the district court held that the relevant portion of the Concessions Policy Act of 1965, 16 U.S.C. § 20d, only entitles satisfactory concession-ers the opportunity to meet the terms and conditions of any competing concessioner proposals.

The plaintiff corporation filed this suit in 1983 in district court against the defendant Secretary alleging that it had been wrongfully denied its statutory preference rights when the National Park Service failed to renew its concession permit in 1983 so as to allow the sale of hiking gear. Essentially, the plaintiff company contended that it was arbitrarily denied a permit continuing its prior authorization to sell backpacking and camping gear to tourists at Grand Canyon National…