CHEYENNE - A federal judge in Wyoming said a judge in Washington, D.C., was wrong to reject the government's snowmobile plan for Yellowstone National Park but said he doesn't have the power to revoke or alter the decision.

U.S. District Judge Clarence Brimmer also ordered the National Park Service, while it's in the process of developing new winter snowmobile rules, to reinstate a 4-year-old temporary rule that would allow even more snowmobiles in the park this season.

"This will provide businesses and tourists with the certainty that is needed in this confusing litigation," Brimmer wrote in a ruling issued Friday.

Brimmer's 21-page ruling criticized U.S. District Judge Emmet Sullivan of Washington, D.C., for hearing a case regarding Yellowstone's winter use plan instead of deferring to the court in Wyoming.

"The livelihood of many residents depends upon the rules promulgated and effected by the (Park Service)," Brimmer said. "Justice would seem to require, therefore, that a court sitting in the same state that these parks are located be given the opportunity to decide a case of this magnitude."

In September, Sullivan threw out the Park Service's winter use plan after environmentalists sued over provisions that would have allowed 605 snowmobiles a day in Yellowstone and Grand Teton national parks. Sullivan agreed with the plaintiffs that the plan would increase air pollution, disturb wildlife and cause too much noise.

Brimmer is also presiding over a legal challenge to the snowmobile plan. In that case, the state of Wyoming and others are seeking an order to allow more snowmobiles than the Park Service plan called for. Surrounding communities have been vocal in their support for snowmobiling because of the winter tourism it generates.

Brimmer said in his ruling that the Park Service's winter use plan should have been upheld.

"The Court believes that the (Park Service) thoroughly reviewed and investigated the effects of the final rule on the environment of the parks," he said.

Since Sullivan threw out the winter plan, Yellowstone managers have been rushing to develop a temporary plan to keep the park open to snowmobiles this winter. The Park Service is now taking public comment on a proposal that would lower by 40 percent the snowmobiles allowed in the two parks.

The new proposal calls for a cap of 318 snowmachines a day in Yellowstone and another 50 in Grand Teton to the south. Park administrators have said they expect it will be adopted by Dec. 15.

Spokesman Al Nash said park managers were still reviewing Brimmer's ruling on Wednesday to determine its impact and whether the park would need to take any action in response.

Brimmer said it's unlikely the Park Service will successfully implement a new plan in time for the winter season. Therefore, the government should resort to the 2004 rule allowing up to 720 snowmobiles a day in Yellowstone, he said.

That would "provide some semblance of order in this disordered and confusing state of affairs," Brimmer said.