An Oregon man, Tate Pulliam, has asked a court to dismiss criminal charges that he argues a Yellowstone National Park superintendent had no constitutional authority to impose, according to an April 13 statement from the Pacific Legal Foundation.
The case raises questions about how federal regulations are created and enforced in national parks. Pulliam claims the restrictions used against him were not enacted by Congress but instead were established by a park superintendent, which he says violates the Constitution’s separation of powers.
Pulliam received three petty offense citations from federal officials for fishing in Yellowstone and for driving his pickup truck on a road designated only for over-snow vehicles. “Tate went to Yellowstone to enjoy public land and left facing criminal charges,” said Pacific Legal Foundation attorney Michael Poon. “But Congress never made his alleged actions illegal. Instead, a park superintendent invented the rules behind these charges, resulting in massive overcriminialization. That is not how lawmaking works under the Constitution.” The government’s charges could result in penalties of up to 18 months in prison if upheld.
This legal challenge follows another case involving Pacific Legal Foundation (PLF), United States v. Sunseri, where PLF defended a trail runner charged under similar circumstances at Grand Teton National Park. Although President Donald Trump pardoned Sunseri, PLF says that the underlying constitutional issue remains unresolved.
Pacific Legal Foundation operates as a nonprofit funded entirely by private donors, according to the official website. The organization promotes individual liberties with the goal of fostering cultural and social well-being so Americans can lead peaceful and productive lives according to its official website. PLF is recognized for its exceptional record of success in Supreme Court cases despite having limited resources according to its official website. The foundation protects Americans’ constitutional rights from government overreach through strategic litigation and advocacy as reported on its website.
PLF serves clients across the United States and provides free legal representation nationwide while publishing constitutional scholarship according to its official site. It has achieved 18 victories out of 20 cases before the U.S. Supreme Court as noted on its official site.
A decision favoring Pulliam could have broader implications by limiting how executive agencies enforce criminal penalties based on administrative rules rather than congressional legislation.