FoYV asks Court to Halt Yosemite Valley Development Projects

I. FoYV FILES BRIEF
ASKS COURT TO ORDER NATIONAL PARK SERVICE TO HALT DEVELOPMENT PROJECTS

Today Friends of Yosemite Valley and MERG filed a brief in the Federal District Court in Fresno. This follows the ruling of the Ninth Circuit Court of Appeals in October 2003 that, as claimed by FoYV and MERG, the National Park Service's Comprehensive Management Plan for the Merced River in Yosemite, is not protective of the River's values.

The brief asks for

1. A new or revised Comprehensive Management Plan to be prepared in compliance with the Ninth Circuit Court of Appeal's opinion, and in accordance with the National Environmental Policy Act (NEPA) -- decisions on user capacity and boundaries to be integrated into a whole plan with appropriate revisions to other elements such as zoning where necessary to be consistent with user capacity; and that this be done in a public process with public input, alternatives, etc.

2. A one year deadline for compliance.

3. An injunction on Yosemite Valley Plan development projects that are scheduled for implementation during 04-05 and that rely on or tier to the CMP -- certain Curry projects, Y. Lodge, various El Portal development, the SDA Camp/proposed Wawona Land exchange (nps proposes to exchange public undeveloped land for SDA developed land, etc.).

4. The Yosemite General Management Plan to be amended in accordance with the District Court's decision in 2002 and the Appeals Court decision in 2003.

The National Park Service's (NPS) response is due in 21 days. The FoYV/MERG reply is due March 4. A hearing is scheduled for two weeks later, but no specific time or official date is set yet.

For a copy of the brief contact: yojo@batnet.com

II. SHORT BACKGROUND:

* In July, 1999, the National Park Service was ordered by the Federal District Court in Fresno to produce a "valid" Comprehensive Management Plan for the Merced River in Yosemite National Park. The Plan was 11 years overdue.

* Meanwhile the NPS moved forward on planning for a massive urban-style redevelopment/development plan for Yosemite Valley and many other areas of Yosemite National Park. The Merced River runs from the High Sierra in Yosemite through the center of Yosemite Valley and along El Portal, the South Fork of the Merced runs centrally through the Park and Wawona. This plan, among other developments, would actually increase the amount of pavement -- roads and parking lots and construct hundreds of new lodging units and concession "opportunities" in Yosemite and degrade river values, despite the impression given by the NPS and most of the news media to the contrary.

* In the summer of 2000, the NPS produced a Merced River Plan. FoYV and MERG, claiming the plan was not "valid," brought it before the District Court in Fresno.

* In March, 2002, the Fresno District Court ruled that the plan was sufficient, but that the Park's General Management Plan needed to be amended in accordance with the Merced River Plan.

* In March, 2003, FoYV and MERG appealed the case to the Ninth Circuit Court of Appeals. In October, 2003, the Appeals Court upheld FoYV and MERG's claims that the Merced River Plan is not a valid plan.

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