December 11, 2003
APPEALS COURT RULES YOSEMITE MERCED RIVER PLAN NOT PROTECTIVE
The Ninth Circuit Court of Appeals ruled on October 27, 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 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 affirmed the plaintiffs' claim that the River Plan is not protective. 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's ruling gives a welcome signal to 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. We hope Park Service managers as well as employees will now take heart and feel empowered to ensure real protection of Yosemite.
The Court's full opinion will be posted soon to the FoYV web site at www.yosemitevalley.org
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TOC for Forest & River News, Fall 2003