“Secretarial Orders that remain on the books are supposed to be authoritative, not relics of dead policies,” said Peter Jenkins, senior counsel for Public Employees for Environmental Responsibility, noting that the Biden administration has already rescinded at least five pre-existing Interior Secretarial Orders. “Given the shifting nature of Interior’s e-Bike stance, the Secretary should update and clarify the policy once and for all.”
PEER filed a lawsuit in 2019 challenging Bernhardt’s order that opened the National Park System to e-Bikes wherever traditional bikes were allowed. In reaction to the lawsuit, the Park Service ultimately issued a policy allowing park superintendents to consider allowing e-Bikes where appropriate.