Appeal Ruling on Merced River Plan
In late October, the 9th U.S. Circuit Court of Appeals presented its ruling on the Merced Wild and Scenic River Comprehensive Management Plan. The Court upheld the plan’s validity regarding the sufficiency of data used in its development, as well as the park’s fulfillment of its obligation to cooperate with water pollution agencies, but reversed two decisions of the U.S. District Court. Namely, the park must adopt specific measurable limits on user capacity—either through the plan’s Visitor Experience and Resource Protection framework or another process—to conform to the Wild and Scenic Rivers Act user capacity requirement. The Appeals Court also requires that the park redetermine the river area boundaries in the El Portal segment of the river.
These rulings have been remanded to the District Court, which will determine
what actions are necessary to comply with the Appeals Court decisions.
In 2000, the groups Friends of Yosemite Valley and Mariposans for Environmentally
Responsible Growth (MERG) brought about the lawsuit seeking to overturn
the plan.
Also in this newsletter:
- Appeal
Ruling on
Merced River Plan