Feds' plan for protecting Yosemite river falls short, court rules

San Francisco Chronicle ^ | 3/27/8 | Bob Egelko

[SmithL]

The federal government has failed to prepare an adequate plan to manage and protect the Merced River in Yosemite National Park, a federal appeals court ruled today.

The Ninth U.S. Circuit Court of Appeals in San Francisco upheld a federal judge's decision in 2006 that the National Park Service had not adequately addressed limits on public use of the 81 miles of the river that wind through the park.

U.S. District Judge Anthony Ishii blocked several construction projects after he issued his ruling, including repaving the heavily used Valley Loop Road and rebuilding some of the hotel rooms and campsites that were lost when the Merced flooded in January 1997. The judge gave the park service until September 2009 to come up with a new management plan.

In today's ruling, the three-judge panel agreed with Ishii that the park service plan did not properly consider Yosemite's capacity to accommodate more visitors without damaging its environmental and scenic qualities.

The plan violated federal law "by not requiring a response to environmental degradation until it already occurs," Judge Kim Wardlaw said in the court's decision.

[SmithL]

Ishii, Anthony W.

Born 1946 in Santa Ana, CA

Federal Judicial Service:
Judge, U. S. District Court, Eastern District of California
Nominated by William J. Clinton on February 12, 1997, to a seat vacated by Robert E. Coyle; Confirmed by the Senate on October 9, 1997, and received commission on October 14, 1997.

Education:
Reedley Junior College, A.S., 1966

University of the Pacific School of Pharmacy, Ph.G., 1970

University of California, Berkeley, Boalt Hall School of Law, J.D., 1973

Professional Career:
Deputy city attorney, City Attorney's Office, Sacramento, California, 1975
Deputy public defender, Public Defender's Office, County of Fresno, California, 1979
Private practice, Fresno, California, 1979-1983
Justice court judge, Parlier-Selma Judicial District, County of Fresno, California, 1983-1993
Municipal court judge, Central Valley Municipal Court, County of Fresno, California, 1994-1997

Race or Ethnicity: Asian American

Gender: Male

---

Wardlaw, Kim McLane

Born 1954 in San Francisco, CA

Federal Judicial Service:
Judge, U. S. District Court, Central District of California
Nominated by William J. Clinton on August 10, 1995, to a seat vacated by David V. Kenyon; Confirmed by the Senate on December 22, 1995, and received commission on December 26, 1995. Service terminated on August 3, 1998, due to appointment to another judicial position.

Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by William J. Clinton on January 27, 1998, to a seat vacated by J. Clifford Wallace; Confirmed by the Senate on July 31, 1998, and received commission on August 3, 1998.

Education:
University of California, Los Angeles, A.B., 1976

University of California, Los Angeles, School of Law, J.D., 1979

Professional Career:
Law clerk, Hon. William P. Gray, U.S. District Court, Central District of California, 1979-1980
Private practice, Los Angeles, California, 1980-1995
Member, Justice Team I, Department of Justice, Presidential Transition, 1992-1993
Member, Mayoral Transition Committee, Los Angeles Mayor-elect Richard Riordan, 1993


Race or Ethnicity: Hispanic

Gender: Female

[Doomonyou]

blocked several construction projects after he issued his ruling, including repaving the heavily used Valley Loop Road and rebuilding some of the hotel rooms and campsites that were lost when the Merced flooded in January 1997. The judge gave the park service until September 2009 to come up with a new management plan.

I guess they better just lock the gates and give it back to the bears.

[Dr. Bogus Pachysandra]

Yup! Pretty soon, we won’t even be allowed into parks!

[vpintheak]

The 9th circus does it again.

[SteamShovel]

Pretty soon, we won’t even be allowed into parks!

That's what they want. It doesn't matter that the parks were created so people COULD go there.