RAPID CITY, S.D. – Judge Roberto Lange on Wednesday afternoon ruled there will be no fireworks at Mount Rushmore National Memorial over the Fourth of July holiday weekend this year.
The decision follows Governor Kristi Noem’s lawsuit that alleged the National Park Service’s denial of Fourth of July Fireworks was “arbitrary and capricious.”
But, Judge Lange ruled the state did not meet requirements for him to rule in Noem and the state’s favor.
Judge Roberto A. Lange said in his ruling that while fireworks on July 3 “at first blush” seems like a good idea, the “Court is not called upon to determine whether such a fireworks display is a good idea.”
The NPS provided five reasons for rejecting the permit and those were outlined in Lange’s ruling.
One of the reasons was health and safety risks because of the coronavirus. Lange said those risks have decreased since 2020 and if that was the only reason for the rejection, the court may have been tempted to remand the NPS decision because the coronavirus situation has improved since 2020.
The other four reasons for rejection were sound, according to Lange’s ruling.
Those reasons were concerns about eroding relationships with indigenous tribal groups, environmental and wildfire risks, disruption of enjoyment but the public as a whole at Mount Rushmore and disruption of construction at the Memorial.
Noem was clearly not happy with Wednesday’s ruling.
In a post on her Governor’s Twitter Account, Noem said “The Biden Administration cancelled South Dakota’s Mount Rushmore Fireworks Celebration on completely arbitrary grounds. I am disappointed the court gave cover to this unlawful action with today’s decision.”
And Noem promised to continue to pursue fireworks. “…rest assured the fight is not over.” Noem said in the Twitter post that her legal team will appeal in the pursuit of fireworks in 2022.
