Appeals Court Upholds FoYV claims: Yosemite Merced River Plan Not Protective

Contact: Joyce M Eden, Friends of Yosemite Valley
408 973 1085
Julia Olson, Attorney, 541-344-7066

APPEALS COURT RULES
YOSEMITE MERCED RIVER PLAN NOT PROTECTIVE

San Francisco: The Ninth Circuit Court of Appeals ruled today in favor of plaintiffs, Friends of Yosemite Valley and MERG (Mariposans for Environmentally Responsible Growth), that the Merced River Management Plan does not protect the River. The opinion by Judge Wardlaw ruled that the National Park Service's (NPS) Plan for the Merced River violates the Wild and Scenic Rivers Act by "insufficiently addressing user capacities and improperly setting river area boundaries within El Portal." The court did not overturn the District Court's decision on two other claims brought by Plaintiffs.

The court affirmed the plaintiffs' claim that the River Plan is not protective. The appeal was argued and submitted March 11, 2003. In its ruling the court stated it expects the NPS to implement measures to avoid environmental degradation. Ron Mackie, former Wilderness Manager for Yosemite National Park and 37 year Park Ranger stated, "This ruling is the greatest thing which ever happened to Yosemite. For years we have been fighting this concept of planning without first determining user capacity to protect the Park's natural environment. It's historic."

The court also ruled that the boundaries the NPS set for its El Portal area, on the Park's western boundary, were improperly set as they do not protect the Merced River's outstanding remarkable resource values.

"The court's ruling gives a welcome signal to Yosemite Park Service Rangers, employees, gateway community members, and citizens all across the country who do not agree with Park plans to further develop and degrade the Park, turn it into a resort destination, and thus shut out access to hard working average families." Joyce Eden of Friends of Yosemite Valley continued, "We hope Park Service managers as well as employees will now take heart and feel empowered to ensure real protection of Yosemite."

"Development plans currently on the table such as those for the Yosemite Lodge Area and the Curry Village Area will need to be put on hold and revisited", stated Julia Olson, attorney for plaintiffs.

This appeal was accompanied by an Amicus Brief filed by Pete Frost of the Western Environmental Law Center on behalf of an unusual combination of 52 other environmental groups including Earth Island Institute, Sierra Club, and other environmental and wilderness groups, as well as local county governments.

The case will now return to the District Court in Fresno to implement the appellate decision.

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