Wyoming — Should non-appointed National Park Service employees make the rules regarding what is and isn’t allowed in our National Parks? The Pacific Legal Team is arguing that Congress should appoint the people who make the rules.
Cowboy State Daily reports Tate Pulliam’s legal team filed a motion to dismiss the charges filed by Yellowstone National Park against him.
Tate Pulliam traveled to Yellowstone National Park in December 2025. At this point in time, much of the park’s roads are closed to most vehicles, except for over-snow modes of transport like snowmobiles. While there, he traveled on a road meant only for over-snow vehicles to fish in a river that was closed to use. He was cited for three violations, including not having a fishing permit and using a closed road. These laws were created and enforced by a superintendent, a long-time employee who was hired rather than appointed by Congress.
Legal Arguments & Objectives
In the filing, they argue that park officials who are hired rather than appointed by Congress shouldn’t be allowed to enforce criminal laws. This situation is made possible by the National Park Service Organic Act, which authorizes the Secretary of the Interior (who’s appointed by Congress) to oversee the superintendents, who issue and enforce regulations. Their ultimate argument is that these people should be appointed by Congress, and if they aren’t, their regulations aren’t legal. The legal team representing the park believes the superintendent acted legally and under his appointed duties.
“Leading up to the Founding, one of the great causes of arbitrary governance was the English monarch’s uncontrolled appointment of officers who then wielded tremendous power against the people,” the motion states. “The problem was so great that it was listed among the grievances of the Declaration of Independence (which says the king) … ‘has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.’”
If found guilty, Tate could face up to 18 months of prison. The case will be heard beginning on May 12th by Magistrate Judge Stephanie Hambrick of the U.S. District Court for Wyoming. She previously heard the case of a professional trail runner, Michelino Sunseri, who was charged after taking a detour during an FKT (Fastest Known Time) attempt at Grand Teton.
An alternative goal of theirs appears to be getting a pardon. When Sunseri was found guilty, President Trump pardoned him. Pacific Legal Foundation also represented Sunseri, so you can probably connect the dots. With the Judge being the same as that case, you have to wonder if that will be what it boils (Yellowstone pun-intended) down to again.
Legal Thoughts
I don’t necessarily agree with the reasoning here, partly because the Secretary of the Interior is approved by Congress, who then oversees park employees. Then there are the ramifications. Getting park superintendents approved by Congress would take a decent amount of time. That is time wasted for a Park Service that is underfunded and understaffed, and those issues could worsen. If Congress were to get involved in the hiring and approval process for park rangers and other members of the National Park Service, it would become too partisan.
You can read the motion to dismiss here.
Image Credits: Pascal Bernardon, Yellowstone National Park
