|
|
|
|
|
| |
|||
By Mike Lewis
Fresno Bee - October 14, 1998
A federal judge on Tuesday granted the Sierra Club's request to block new
construction at Yosemite Lodge until remaining legal questions are resolved.
The 24-page decision by District Court Judge Charles R. Breyer pushes back
restoration plans for the flood-damaged lodge at least seven months and likely
will leave the lodge operating at a reduced capacity for the 1999 summer tourism
season.
In granting the preliminary injunction, Breyer noted that the National Park
Service "failed to formally consider the cumulative impact" of the so-called
Lodge Plan, along with other ongoing Yosemite Valley projects, as required
under the National Environmental Policy Act.
Yosemite National Park officials declined to comment, saying they had not
yet read the decision. They said they planned to issue a statement today.
The injunction leaves the Lodge Plan in legal limbo until the courts resolve
the Sierra Club's lawsuit over the project. The suit asserts that Yosemite
planners circumvented the Environmental Policy Act when they studied and approved
the plan without public comment or impact studies.
A trial likely won't begin until December or January of next year, lawyers
said. The Sierra Club sought the preliminary injunction to stop the initial,
pre-winter phase of construction that was scheduled to begin immediately and
continue while the case was being heard.
The Lodge Plan calls for 248 motel rooms, 96 cottage rooms, 60 cabins with
baths, a new road and parking areas in the Merced River flood plain near the
lodge. Yosemite planners pushed through the plan after the 1997 Merced River
floods did extensive damage to Yosemite Valley.
In response to the floods, park administrators at times have elected to not
rebuild what the river took out, such as valley campsites. In other cases,
they have attempted to replace or repair damaged structures by building new
ones farther from the river. This was the case with Yosemite Lodge.
In his ruling, Breyer criticized the National Park Service for failing to
consider alternatives for the disputed project and for not following its own
guidelines that require environmental impact statements. Sierra Club lawyer
Julia Olson said the club is pleased with the preliminary victory because
if the lawsuit is successful, it would eventually force the Park Service to
more carefully plan and publicly air such projects before approving them.
"The park service was trying to use the flooding as an excuse to not go through
the proper channels and to avoid public scrutiny," she said.
Park service lawyers were unavailable to comment. During a hearing before
Breyer, they defended the Lodge Plan, saying that because the park was simply
replacing existing structures - even while relocating them - it brought no
new environmental impact and no need for new studies.
The case took an odd turn early on when Breyer delayed an initial hearing
so he could hike in the park and examine the proposed building site himself.
Olson said having Breyer see the area made a difference.
"I think that it did help," she said.
|
|
|
|