Judge Rules NPS Violated Environmental Acts by Michael Baker The Fresno Bee - July 13, 1999 A U.S. District Court judge Monday ruled that the National Park Service violated two federal environmental acts by moving forward with the repair of El Portal Road in Yosemite National Park without doing sufficient studies. Although he would not stop construction that already has begun, Judge Anthony W. Ishii said the park service could not start other projects along the Merced River until a comprehensive management plan is completed for the waterway. That would halt plans for the fourth and final segment of the road project. The three segments under construction are expected to be completed by fall 2000. "Finally, the Merced River is going to get the protection it deserves," said Julia Olson, a lawyer representing the Sierra Club and Mariposans for Environmentally Responsible Growth in their lawsuit heard in Fresno. The two groups had requested a halt to all construction of the $33 million repair of El Portal Road - also known as Highway 140 - along the federally designated Wild and Scenic Merced River. Ishii ruled that the park service violated the Wild and Scenic Rivers Act by not completing a management plan for the river. He also said the park service violated the National Environmental Protection Act by not properly studying the impacts of the 71/2-mile road project along the Merced River. Further, Ishii said the park service could not remove Cascade Dam - near the intersection of Highways 120 and 140 - or begin the final phase of construction on El Portal Road until the plan is in place. The park service has 12 months to complete the plan. The park service had decided to set aside plans for the last mile of construction - from El Portal Road's intersection with Highway 120 to the Pohono Bridge in Yosemite Valley - in a court brief filed in June. But the ramifications of Ishii's ruling could extend beyond the current road widening and repair. The ruling puts some bite behind the Wild and Scenic Rivers Act. The act doesn't allow projects detrimental to the natural state of federally designated waterways. In addition, Olson said, the ruling prevents the park service from undertaking any other projects that could impact the river - which runs through the heart of Yosemite Valley - until the management plan is complete. "Essentially, they are not allowed to do anything until they finish the comprehensive management plan," Olson said. "He ordered them to protect the river first." Assistant U.S. Attorney E. Robert Wright, who represented the National Park Service, said the park service should consider the judge's ruling when planning future projects. "I think that the agency should pay very close attention to his written opinion and seek in the future to make sure they go that extra step," Wright said. Other environmental groups said the whole court process turned out to be a lot of posturing without much result. "It seems ludicrous that after all this, the only thing that has really been blocked is the removal of the dam," said Jay Watson, regional director of The Wilderness Society. The El Portal Road project, which began in October, is meant to repair damage caused by the record-setting flood of January 1997.The project straightening and widening both lanes of the road from 9.5 feet to 11 feet.