'Along' the National Scenic Trails: A Case Study of Statutory Interpretation

• Date: 01 December 2024

COMMENT

122024 ENVIRONMENTAL LAW REPORTER 54 ELR 11021

“ALONG” THE NATIONAL SCENIC

TRAILS: A CASE STUDY OF

STATUTORY INTERPRETATION

by Justin Kooyman

Justin Kooyman is a Master of Studies in Environmental Law candidate at Lewis & Clark

Law School and the Director of Trail Operations for the Pacif‌ic Crest Trail Association.

The sun, low in the horizon with the late-day light,

casts an amber hue on the surrounding granite

peaks to the east of the Pacic Crest National Sce-

nic Trail (PCT). A gentle westerly breeze brings with it

the smell of the dry coniferous forest, reminding a trail

hiker that it is indeed the heart of the summer season in

the Mountain West. e sounds of the birds—mountain

bluebirds, white-headed woodpeckers, dark-eyed juncos,

and of course mountain chickadees—ll the air; the only

other sound is that of the hiker’s boots on the trail tread.

e PCT provides people with a continuous and spec-

tacularly scenic path a long the crest of the Pacic Moun-

tain ranges, from the Mexico/California border north

2,650 miles to the Canada/ Washington border. Whether

one is heading out for a day hike or attempting to hike the

entire trail in one season, the PCT oers t he opportunity

to access some of the West’s most rugged, remote, and wild

landscapes, mostly free f rom modern development.

On this particular day, our hiker is out on a solo back-

packing trip, enjoying a reprieve from the busyness of their

daily life. e slow pace of hiking, as compared to driv-

ing a vehicle or even riding a bike, amplies the scale and

remoteness of the landscape; because it ta kes longer to cover

the miles, they are able to more acutely feel the remoteness

and the size and scale of the surrounding landscape.

e idea of the PCT was born in the 1920s from citizens

who worked diligently to turn that drea m into a reality.

Although it took decades, eventual ly the 90th U.S. Con-

gress and President Lyndon B. Johnson realized the impor-

tance of establishing a nat ional trails system and passed the

1968 National Trails System Act. e Act designated the

Pacic Crest and Appalachian Trails a s our rst national

Photo: Lake Aloh a in Desolation Wild erness, Califo rnia, as viewed from th e Pacif‌ic Crest Trail.

Copyright © 2024 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org.