Revolutionary Legislation Unlocks Professional Photography Opportunities in U.S. National Parks!

President Biden is utilizing his final months in office to enhance his environmental legacy. Initially, there was a prohibition on offshore drilling, followed by the establishment of two new national monuments in California, and now a reduction in filming restrictions in national parks.

Before Biden enacted the EXPLORE Act on January 4, professional photographers shooting in national parks were required to request permits from the National Parks Service (NPS). These permit requests could amount to hundreds of dollars, with denials being frequent. Now, most photographers will not need to submit any applications prior to venturing into the wilderness with their cameras.

Restrictions meant to safeguard public lands ended up making them less accessible

A crew capturing a Hollywood blockbuster, a documentary filmmaker, and a YouTuber earning a modest income from advertising revenue — until the recent legislation, all of them needed to secure a filming permit to operate in national parks. The previous regulations applied to all photographers who could potentially benefit from their work in these areas. Although enacted to shield national parks from Hollywood production companies, it was equally restrictive for smaller, independent photographers.

Now that regulation has been repealed. Any crew comprising fewer than six individuals can enter a national park and film as they wish for enjoyment or profit, provided they adhere to park guidelines. Additionally, it is now permissible to shoot commercial footage of large gatherings within national parks.

The EXPLORE Act offers much more than merely legitimizing professional filming. It mandates the NPS to identify 10 possible new long-distance cycling trails and to establish 27 additional campsites. Furthermore, it recommended that the NPS reopen all previously closed campsites within the next month.

The Grand Teton towering over Jackson Hole. Photo: Jackson Hole Wildlife Safaris.

A Grand Teton speed record inspired the new legislation

The EXPLORE Act stands for the Expanding Public Lands Outdoor Recreation Experiences Act. (Who devises these acronyms?) It was established following a lawsuit initiated by two photographers in collaboration with the Foundation for Individual Rights and Expression (FIRE), an organization advocating for free speech.

Alex Rienzie and Connor Burkesmith aimed to film Michelino Sunseri attempt to break the Grand Teton speed record of 2 hours 53 minutes 2 seconds, established by NPS ranger Andy Anderson in 2012. Their project did not commence smoothly. Their permit request was denied on the grounds that filming would render the event too “competitive.” The application fee was $325 and non-refundable.

Undeterred, they proceeded to capture Sunseri’s run anyway. To keep pace with him over 26km of challenging terrain, they had to pack lightly. They carried less gear to the Grand Teton than most visitors.

Rienzie and Burkesmith at the apex of the Grand Teton. Photo: Connor Burkesmith

Addresses the photographers’ lawsuit

Sunseri completed the ascent with a recorded time of 2h 50m 50s. That was where the complications truly began.

For his part, Sunseri encountered controversy regarding the path he took. The records site Fastest Known Time dismissed Sunseri’s achievement because he had shortened the route by half a mile by cutting across a switchback.

As for Rienzie and Burkesmith, they had to manage the repercussions of their unauthorized filming. The NPS released a vague statement that indicated no charges would currently be pursued. However, if they attempted to sell the footage, they might find themselves in legal trouble.

Having endured enough, Rienzie and Burkesmith sought legal recourse. On December 18, FIRE filed a lawsuit against the NPS on their behalf. The filming restrictions, the lawsuit asserted, constituted a breach of First Amendment rights.

The lawsuit achieved its goal without needing to reach court. It caught the attention of the Senate, which promptly passed the EXPLORE Act. Biden enacted the law this week, officially placing it in the legal framework. Nevertheless, Sunseri’s legal troubles are not entirely resolved. He is facing a fine of $5,000 or a potential six months of incarceration due to his departure from the designated trail.

Michelino Sunseri during his Grand Teton speed run. Photo: Connor Burkesmith