For more than two decades, the skies above Mount Rushmore National Memorial and Badlands National Park have been at the center of a heated debate between commercial air tour operators and federal agencies tasked with protecting the natural and cultural treasures of these iconic South Dakota landmarks. Now, after years of legal wrangling and shifting regulations, the U.S. Eighth Circuit Court of Appeals has delivered a decisive verdict: the ban on commercial air tours over the parks—and extending half a mile beyond their boundaries—will stand.
The ruling, issued on September 5, 2025, marks the latest chapter in a saga that stretches back to the year 2000. That’s when Congress passed the National Parks Air Tour Management Act, a law designed to bring order to the sometimes-chaotic skies above America’s national parks. The Act required commercial air tour operators flying over national parks and some tribal lands to obtain authorization from the Federal Aviation Administration (FAA), and for the FAA and National Park Service (NPS) to develop detailed air tour management plans. These plans, according to the law, must comply with the National Environmental Policy Act, ensuring that the impacts of air tours on wildlife, visitors, and cultural sites are carefully weighed.
But as often happens with federal policy, the devil was in the details. The process of creating these air tour management plans proved to be slow and contentious. According to National Parks Traveler, the two agencies were bogged down for years, struggling to balance the interests of commercial operators with the need to protect park resources. In the meantime, Congress allowed agencies to enter into voluntary agreements with tour companies—a workaround that, while expedient, sometimes sidestepped the more rigorous planning process. Not all operators were on board with these voluntary agreements, and the issue simmered on.
The stalemate was broken in 2020 when Public Employees for Environmental Responsibility (PEER) won a lawsuit that forced the agencies to develop formal air tour management plans for more than 20 national parks, ranging from Hawaii Volcanoes to New York Harbor. This court-ordered schedule finally brought Mount Rushmore and Badlands National Park into focus, setting the stage for the latest legal battle.
By May 2024, the FAA and NPS had finalized bans on commercial air tours over both Mount Rushmore and Badlands National Park, extending the restrictions to one-half mile outside the parks’ boundaries. The agencies argued that the bans were necessary to protect a wide range of resources: natural habitats, tribal sacred sites and ceremonial areas, wilderness character, and, not least, the experience of visitors seeking solace and inspiration in these storied landscapes.
Tour operators were not about to let the matter rest. Badger Helicopters, Inc., Black Hills Aerial Adventures, Inc., and Rushmore Helicopters, Inc.—three prominent South Dakota companies—petitioned the U.S. Court of Appeals for the 8th Circuit to overturn the bans. They argued the regulations were "arbitrary and capricious," claiming the agencies relied on outdated data and failed to consider less restrictive alternatives. The companies insisted that their tours brought economic benefits to the region and offered a unique perspective on the parks’ grandeur.
But the federal agencies stood firm. According to their filings, air tours can disrupt visitors’ enjoyment, disturb wildlife, and interfere with tribal cultural experiences. In particular, they cited the potential harm to declining populations of bighorn sheep and peregrine falcons, both of which are sensitive to noise and disturbance from low-flying aircraft. The agencies also emphasized the importance of preserving the parks’ wilderness character—something that, once lost, is difficult to regain.
Environmental and public sector advocacy groups rallied behind the bans. The Coalition to Protect America’s National Parks and Public Employees for Environmental Responsibility (PEER) joined the case as supporters. In a news release, PEER Staff Counsel Colleen Zimmerman expressed satisfaction with the outcome: "We are pleased at the Court’s decision finding that the agencies’ ban on overflights was both legal and reasonable." The decision, she added, was a victory for park resources, tribal interests, and the millions of visitors who seek quiet and contemplation in these national treasures.
The Eighth Circuit Court agreed with the federal agencies and their allies. In its decision, the court found that the "agencies’ decisions were reasonable," and that the bans were justified given the evidence of potential harm to wildlife, cultural resources, and visitor experience. The court’s ruling effectively ends commercial air tours within a half-mile of Mount Rushmore and Badlands National Park, reaffirming the agencies’ authority to regulate the skies in the interest of conservation.
This outcome has significant implications for both the parks and the businesses that once profited from scenic flights. For the parks, the ruling is seen as a crucial step in safeguarding fragile ecosystems and honoring tribal connections to the land. The bans are intended to protect not only the physical environment, but also intangible values—peace, solitude, and reverence for sacred sites. For many Native American communities, Mount Rushmore and the Badlands hold deep spiritual significance, and the reduction of noise and disturbance is a meaningful gesture of respect.
On the other hand, tour operators and some local business advocates argue that the bans will hurt tourism and deprive visitors of a unique way to experience the parks. They contend that air tours provide access to remote areas and offer perspectives that are impossible to gain from the ground. The loss of these flights, they say, could have economic ripple effects in the region, particularly for small businesses that depend on tourism dollars.
Yet, as the court’s ruling makes clear, the responsibility to protect national parks sometimes requires difficult trade-offs. The National Parks Air Tour Management Act, passed a quarter-century ago, was meant to ensure that the nation’s most cherished landscapes are preserved for future generations—even if that means saying no to commercial interests.
For now, the skies over Mount Rushmore and Badlands National Park will remain quiet, save for the occasional bird of prey or the distant rumble of a thunderstorm. And for visitors seeking the kind of deep connection that only silence and solitude can offer, that may be the greatest gift of all.
