Glacier ruling didn’t give anyone a free pass

The narrative surrounding the Ninth Circuit’s April 17 ruling on the McDonald Creek house in Glacier National Park is incomplete.

Reports claim the owners built the house and get to keep it.

That is not what the court decided.

The ruling settled only a question of jurisdiction. The court determined that the federal government — not the state of Montana — has authority over private inholdings inside Glacier National Park.

Federal jurisdiction comes with its own requirements. Construction, utility connections and other activities on private land within the park are subject to written federal review and permitting processes that exist to protect the very resources that define Glacier. The park informed the owners that all permits and reviews were required.

This ruling does not reduce protection for Glacier. It places that responsibility squarely in federal hands.

Just because the house was built does not mean it was allowed or approved. The ruling did not authorize completion of the structure and it does not clear any federal legal pathway for it.

The decision made clear who is responsible for ensuring the rules are followed.

We expect that responsibility to be exercised.

Mary T. McClelland is administrator and Monica Jungster is president of Friends of Montana Streams and Rivers.