Federal Court Approves Historic Yellowstone Bioprospecting Agreement

On April 12, 2000, a federal court in Washington approved a historic bioprospecting "benefit-sharing" agreement between Yellowstone National Park and the Diversa Corporation of San Diego, California. WFED facilitated development and negotiation of the Yellowstone-Diversa agreement and actively supported the National Park Service and U.S. Department of Justice during the follow-up period of judicial review.

Ruling that the agreement is "proper" and "does not conflict with the conservation mandate," Judge Royce C. Lamberth dismissed with prejudice the legal challenge brought by plaintiffs Edmonds Institute, International Center for Technology Assessment, and Alliance for the Wild Rockies in early 1998.

Yellowstone's bioprospecting "benefit-sharing" agreement with Diversa was first announced in August 1997, at ceremonies attended by Vice President Al Gore, Department of Interior Secretary Bruce Babbitt, National Park Service Director Robert Stanton and others. WFED also was honored as a "Protector of Yellowstone" during the same ceremonies because of the catalytic role it had played during the negotiation process.

The precedent-setting agreement provided that Diversa would share with Yellowstone economic and scientific benefits that result from its research activities involving microbes sampled from Yellowstone's famous hot springs. Although collection of biological specimens from Yellowstone for research purposes dates back to the 19th century, the Yellowstone-Diversa agreement (also known as a "Cooperative Research and Development Agreement" or "CRADA") marked the first time that researchers had agreed to share 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 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."

Preston Scott, Executive Director of WFED which assisted the National Park Service during the negotiations with Diversa, stated: "This ruling clearly reflects the expanding broad-based consensus of those who believe that conservation areas also should benefit from research involving their resources. The court made the right decisions for the right reasons."

Yellowstone's position also was supported by the National Parks and Conservation Association (NPCA), which filed a supporting brief with the court. NPCA is the largest membership organization in the United States dedicated to national park issues.

Copies of Judge Lamberth's decision may be obtained from WFED.

Appeal Ends Successfully/Environmental Analysis Begins

Opponents to Yellowstone's historic bioprospecting benefit-sharing agreement abandoned the case in the DC Circuit Court of Appeals in December 2000, making Judge Royce Lamberth's April 2000 decision that upheld Yellowstone's bioprospecting initiative the law of the land. Rejecting the opponents' claims, Judge Lamberth ruled that the agreement is "proper" and "does not conflict with the conservation mandate." The opponents, who lost their substantive case in the federal trial court, dropped the appeal shortly after the Department of Justice filed the National Park Service (NPS) brief supporting Judge Lamberth's decision upholding Yellowstone's first bioprospecting benefit-sharing agreement.

WFED assisted the Justice Department with the federal appellate brief, as well as during the final stages of the federal trial court proceedings.

In accordance with Judge Lamberth's earlier decision, the National Park Service (NPS) has begun conducting an environmental analysis to evaluate the impacts of bioprospecting benefit-sharing agreements in US national parks. WFED believes that this review represents the first nationwide study of the environmental impacts of bioprospecting benefit-sharing activities ever undertaken by any country.