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Grand Teton National Park has become a popular U.S. destination for heli-skiing, with commercial helicopter operators landing to deliver and retrieve skiers and snowboarders in

Grand Teton National Park has become a popular U.S. destination for heli-skiing, with commercial helicopter operators landing to deliver and retrieve skiers and snowboarders in locations otherwise inaccessible or accessible only with great physical difficulty. Other users of the park's back country have begun to complain to the National Park Service (NPS), that the noise of the helicopters has become almost continual in some areas, where it is destroying the tranquility of the back country experience and driving the wildlife away.

  • Analyze whether the NPS, acting on its own authority, can legally ban helicopters from landing and taking off at locations within the park? Identify the applicable governmental power and explain your legal reasoning clearly in proper legal terminology.
  • Analyze whether the NPS, acting on its own authority, can legally ban helicopters from flying low over the park? Identify the applicable law and its source and explain your legal reasoning clearly in proper legal terminology.
  • If you determined that the NPS could not, acting on its own authority, accomplish either of both of the foregoing, then identify the law and procedures the NPS and any other government agency involved would be required to follow in order to legally accomplish the task(s), explaining your reasoning clearly in proper legal terminology.

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