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FRIENDS OF YOSEMITE VALLEY v. NORTON

No. 02-16037.

348 F.3d 789 (2003)

FRIENDS OF YOSEMITE VALLEY; Mariposans for Environmentally Responsible Growth (MERG), Plaintiffs-Appellants, v. Gale NORTON; United States Department of the Interior; National Park Service; John Reynolds; David A. Mihalic, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2003.

Attorney(s) appearing for the Case

Julia A. Olson, Wild Earth Advocates, Oakland, California; Sharon E. Duggan, Berkeley, California, for the appellants.

Thomas L. Sansonetti, Assistant Attorney General, Environment & Natural Resources Division; John K. Vincent, United States Attorney; E. Robert Wright, Assistant United States Attorney; Elizabeth A. Peterson, Charles R. Shockey, David C. Shilton, Attorneys, United States Department of Justice, Washington, D.C., for the appellees.

Peter M.K. Frost, Western Environmental Law Center, Eugene, OR, for amici curiae Sierra Club, et al.

Before: Alfred T. GOODWIN, A. Wallace TASHIMA, and Kim McLane WARDLAW, Circuit Judges.

Argued and Submitted March 11, 2003 — San Francisco, California.

OPINION

WARDLAW, Circuit Judge.

The Merced River flows through the glaciated Yosemite Valley and then cuts more steeply, westward, through the Merced River Gorge and some of the region's oldest rock formations. This appeal challenges the sufficiency of the remedy granted by the district court in Friends of Yosemite Valley v. Norton, 194 F.Supp.2d 1066...

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