Bio Prospecting Agreement
D.C. Court Approves Yellowstone Bioprospecting Agreement
NPS 4-17-00
Ruling on April 12, 2000, that the agreement is "proper" and "does not conflict with the conservation mandate," Judge Royce C. Lamberth of the United States District Court for the District of Columbia dismissed with prejudice the legal challenge brought by the Edmonds Institute, International Center for Technology Assessment, Alliance for the Wild Rockies, and a Bozeman, Montana, citizen more than two years ago.
Yellowstone's bioprospecting "benefit-sharing" agreement with Diversa was first announced in August 1997 at ceremonies attended by Vice President Al Gore, Interior Secretary Bruce Babbitt, National Park Service Director Robert Stanton and others. The historic agreement provided that Diversa would share with Yellowstone specified economic and scientific benefits that might result from its research activities involved with microbes sampled from the park's famous geothermal features.
Although collection of biological specimens from Yellowstone for research purposes dates back to the 19th century, the Yellowstone-Diversa agreement (known as a Cooperative Research and Development Agreement or CRADA) marked the first time that researchers agreed to share in any resulting benefits directly with the park for conservation purposes.
In a 24-page opinion, Judge Lamberth wrote that the National Park Service "properly determined that the CRADA was consistent with the governing statutes because it would produce direct concrete benefits to the Park's conservation efforts by affording greater scientific understanding of Yellowstone's wildlife, as well as monetary support for Park programs." The carefully written opinion rejected all of the plaintiffs' allegations that the agreement violated several park-related laws and regulations, noting that the plaintiffs' charges were based on a "misconception of the legal force of the CRADA" that revealed "fundamental flaws in their challenge."
The court also emphasized Congressional intent regarding cooperative scientific research agreements involving national parks. Finding that the CRADA "plainly constitutes an 'equitable, efficient benefits-sharing arrangement, '" the Court went on to declare that "the far-reaching terms of the Parks Management Act reinforce the conclusion that the Yellowstone-Diversa CRADA is proper."
John Varley, Director of Yellowstone's Center for Resources, praised the court's decision: "We couldn't agree more with Judge Lamberth's statement that the arrangement is 'a thoughtful and rational approach to research conducted on park resources.' It's good for science, good for parks, and good for the citizens of our country."
As a result of a prior order from the same court, the National Park Service is initiating a National Environmental Policy Act study to determine the environmental impacts of establishing additional research related benefit-sharing arrangements in other national parks throughout the United States.
Yellowstone's position was also supported in the court by the National Parks and Conservation Association (NPCA), which filed a supporting brief. NPCA is the largest membership organization in the United States dedicated to national park issues.
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