Apr 03 2008
CA: 9th Circuit on Wild & Scenic
The Ninth U.S. Circuit Court of Appeals in San Francisco
upheld a 2006 ruling that the National Park Service’s
management plan for the Wild and Scenic Merced River in
Yosemite National Park does not adequately protect the
river. The ruling, released March 27, reaffirms the
obligation of river managers to both protect and enhance the
unique values of Wild and Scenic rivers.
The court found that the Park Service plan for the
Merced failed to present alternatives for managing
development in a way that safeguards the river’s health and
scenic values. It pointed out that the river’s Wild and Scenic
values have already been compromised, as illustrated by
dozens of facilities in the river corridor, including tennis
courts, shops, an ice-skating rink and a golf course. In its
plan, the Park Service did not explain how this status quo
would protect or enhance the river’s unique values,
including river recreation, as required under the Wild and
Scenic Rivers Act. American Rivers filed an amicus brief to
the court. “The Park Service was turning a blind eye to the
river when it was making decisions about development on
the valley floor. What happens along the river has
significant impacts on the river’s health, clean water, and
the experience of boaters and anglers using the river.”
American Rivers called on managing agencies to reaffirm
their commitment to protecting and enhancing Wild and
Scenic rivers. This year marks the 40th anniversary of the
Wild and Scenic Rivers Act.
David Moryc, American Rivers, 503 307-1137; _Peter Frost, Western Environmental Law Center, 541-543-
0018; American Rivers March 28_
