FRIENDS OF YOSEMITE VALLEY v. NORTON

No. 04-15682.

366 F.3d 731 (2004)

FRIENDS OF YOSEMITE VALLEY, a non-profit corporation; Mariposans for Environmentally Responsible Growth (MERG), a non-profit corporation, Plaintiffs — Appellants, v. Gale NORTON, in her official capacity as Secretary of the Interior; United States Department of the Interior; National Park Service; John Reynolds; David A. Mihalic, Defendants — Appellees.

United States Court of Appeals, Ninth Circuit.

April 20, 2004.


Attorney(s) appearing for the Case

Sharon E. Duggan, Esq., Law Offices of Sharon E. Duggan, Berkeley, CA, Julia A. Olson, Esq., Wild Earth Advocates, Eugene, OR, for Plaintiffs-Appellants.

Elizabeth Ann Peterson, Esq., David C. Shilton, Esq., DOJ — U.S. Department of Justice, Washington, DC, Charles R. Shockey, Esq., U.S. Department of Justice, Sacramento, CA, E. Robert Wright, Esq., USF — Office of The U.S. Attorney, Fresno, CA, for Defendants-Appellees.

Before: GOODWIN, TASHIMA, and WARDLAW, Circuit Judges.


ORDER

We write to clarify our Opinion of October 27, 2003, Friends of Yosemite Valley v. Norton, 348 F.3d 789, 796-99 (9th Cir.2003). There we held that the entire Merced Wild and Scenic River Comprehensive Management Plan ("CMP") is invalid due to two deficiencies: (1) a failure to adequately address user capacities; and (2) the improper drawing of the Merced River's boundaries at El Portal. While we remanded to "the district...

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