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A federal judge in Fresno has rejected the National Park Service's latest effort to protect the main river in scenic Yosemite Valley, possibly stopping the $35 million reconstruction of Yosemite Lodge.
U.S. District Judge Anthony W. Ishii said Wednesday that the park service should not have simply fixed problems in an earlier river plan that a federal appellate court rejected two years ago. Ishii said the appellate court didn't want a fix, but a new plan that includes limiting how many people can visit certain areas of the park.
The lodge rebuild and several smaller projects could be addressed at a hearing to decide how much building can occur without a plan. The hearing will be scheduled soon.
Yosemite National Park officials said they were disappointed in the ruling and would continue work on the lodge and other projects until the hearing.
"We were under the impression we were doing what we're supposed to do in revising the plan," said spokesman Scott Gediman. "An appeal is an option, but we just got the ruling today, and we're looking forward to the next hearing."
The environmental plaintiffs in the long-running lawsuit, Friends of Yosemite Valley and Mariposans for Environmentally Responsible Growth, said they were "delighted" with the decision.
"In light of this ruling, we are cautiously optimistic that the park will stop a number of new construction projects which directly damage the river's values," said Greg Adair of the Friends of Yosemite Valley.
The case dates back to 2000, three years after a large Merced River flood caused extensive damage in Yosemite Valley.
Federal lawmakers provided $176 million in repair money. Among the projects has been major work on Highway 140.
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The front desk building at Yosemite Lodge stands at the base of Yosemite Falls. It is part of a giant $35 million lodge reconstruction project by the National Park Service. Mark Crosse / The Fresno Bee |
The lodge, which suffered damage in the flood, is a high-profile valley attraction, not far from iconic Yosemite Falls. Work on the lodge began this summer with the goal of moving out some old units, updating the motel and rerouting Northside Drive.
Environmentalists have worried about the effects of this and other projects on the river, which cuts through the heart of the 7-square-mile valley. Environmentalists maintain that river protection should be part of any building or repair projects.
In the ruling Wednesday, the judge said the park service has not adequately spelled out a limit to the number of people who can visit the river without damaging sensitive meadows and riverbanks. The limit is called "user capacity."
Without establishing a set figure, the park service had proposed guidelines on how many visitors would be expected or preferred at different parts of the river.
It would take a number of years to settle on figures for each attraction, based on visitor opinion and the need for protecting nature.
That approach did not satisfy the federal appeals court, Ishii's ruling said. Environmentalists agreed.
Said lawyer Julia Olson, representing environmentalists: "For two years, we've argued that the Merced is completely unprotected by this plan, that the plan does nothing to address user capacity, and that a host of construction projects based on that plan should be halted."
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