Court Blocks Yosemite Construction Projects

Appellate injunction cites protection of park's valley, Merced River

by Charlie Goodyear
San Francisco Chronicle - April 21, 2004

A federal appeals court Tuesday ordered the National Park Service to halt seven construction projects at Yosemite National Park, saying the park needs to protect the valley and Merced River.

The injunction, issued by the Ninth U.S. Circuit Court of Appeals in San Francisco, follows a Fresno federal judge's ruling in March that a lawsuit filed by two groups -- Friends of Yosemite Valley and Mariposans for Environmentally Responsible Growth -- was unconvincing and should not block the construction to reshape the national park.

The Ninth Circuit's action was immediately hailed by environmentalists, who said the construction would overdevelop Yosemite at the expense of natural habitat.

"The Ninth Circuit has clearly stated that the comprehensive management plan for the Merced River is invalid,'' said Greg Adair, co-director of Friends of Yosemite Valley. "We think that the court is so clear that (the National Park Service) really should be forewarned about being hotheaded and running forward with these plans. This was a plan about development, about expanding hotels, about more asphalt in Yosemite Valley.''

Adair said the park had already logged more than 5 acres of old-growth trees near Yosemite Lodge as part of the redevelopment of that site, an action he termed "reckless destruction.''

"We have very moderate goals, and we're saying things that the Park Service was founded upon,'' he added. "Provide good access with low-amenity facilities for all, but respect the environment first.''

Among the seven projects now halted by the court are new employee housing to replace dorms washed away during a 1997 flood, a retrofit of the valley's aging utility pipes and rebuilding of cabins and campgrounds.

"We are intending to comply with the court's order,'' said park Ranger Deb Schweizer. "Seven projects will stop. This is another step in a long legal process."

Schweizer said the Park Service, which was told by the Ninth Circuit to alter its environmental plans, would seek guidance from the federal court in Fresno. "We're not clear if we can just make some revisions or if we need to go back to public involvement,'' she added.

Bart Brown, chairman of Mariposans for Environmentally Responsible Growth, said he was pleased by the Ninth Circuit's injunction. "We're excited about the possibility for adequate protection for the river,'' he said.