Update: Judge rules yes, NPS has to wait on GMP Amendment

Firstly, thanks so much to everyone who sent in comments on the McCauley Meadows wilderness suitability. It was heartening to see all the letters. Those who had their e-mail comments sent back by CA Senator Feinstein can fax them to her at 415 393 0701.

Merced River Plan Lawsuit Appeal

In 8/2000, Friends of Yosemite Valley and Mariposans for Environmentally Responsible Growth (MERG) challenged the legal validity of the National Park Service's (NPS) plan for the Merced River in Yosemite. We presented a solid case with strong evidence that the plan was not a protective plan for the river and its outstandingly remarkable values, as required by the Wild and Scenic Rivers Act. The Western Environmental Law Center filed a Friend of the Court legal brief also challenging the legality of the Merced River Plan. Fifty six groups (see below) and 8 individuals joined that brief in order to protect the Merced River and Wild and Scenic Rivers throughout the country. In March 2002, the judge ruled against us on most counts. We are appealing that ruling to the Ninth District Court of Appeals.

Judge rules NPS has to wait on GMP Amendment

However, the judge did rule, as we charged, that the NPS had failed to amend Yosemite's General Management Plan (GMP). He ordered that they do so. NPS put an amendment before the judge. We filed a motion in opposition to his accepting it. The Judge ruled he would not decide on the GMP amendment until the 9th Circuit Appeals Court has decided our Appeal on the Merced River Plan, so that any decision on amending the GMP is consistent with the Appeal's Court decision on the Wild and Scenic Rivers Act and the Merced River Plan.

Groups signed on to the Western Environmental Law Center's Friend of the Court brief (9/6/01) also challenging the Merced River Plan as not protective:

Friends of the Earth, Earth Island Institute, Utah Rivers Council, Idaho Rivers United, Friends of Arizona's Rivers, Riverhawks, Living Rivers, Smith River Preservation Project, Humboldt Watershed Council, Colorado Plateau River Guides, Glen Canyon Action Network, Waterkeepers Northern California, Northwest Rafters Association, Bluewater Network, Friends of Santa Clara River, Center for Biological Diversity, Environmental Protection Information Center, Hells Canyon Preservation Council, Wilderness Watch, Forest Guardians, Utah Environmental Congress, Oregon Natural Desert Association, Sequoia Alliance, American Lands Conservancy, Wild Wilderness, Committee for Idaho's High Desert, Native Forest Council, Klamath-Siskiyou Wildlands Center, High Sierra hikers Association, Yosemite Area Audubon, Native Forest Protection Alliance, Native Forest Network, Helping our Peninsula's Environment, Siskiyou Regional Education Project, Boulder Environmental Activist Resource, Responsible Consumers of Monterrey Peninsula, Voice of the Environment, Western Land Exchange Project, ParkWatch, the Ojai Coalition, Santa Clarita Organization for Planning and Environment, Center for Environmental Health, Global Exchange, Wetlands Action Network, Tuolumne County, California, Madera County, California, International Rivers Network, Salmon Protection and Watershed Network, Friends of the Clearwater, Save the West!, Wildlaw, Tuolumne County Chamber of Commerce, American Land Conservancy, Eastern Madera Chamber of Commerce, Californians for Alternatives to Toxics.

Merced River Plan Appeal Schedule: (revised)

The legal briefing schedule is as follows:

Sept. 19, 2002, FoYV/MERG opening brief due.
Oct 21 Gail Norton/NPS opposition brief due.
Around Nov. 4 FoYV/MERG reply brief due.
Hearing to be scheduled.

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