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FRIENDS OF YOSEMITE VALLEY v. KEMPTHORNE

Nos. 07-15124, 07-15791.

520 F.3d 1024 (2008)

FRIENDS OF YOSEMITE VALLEY; Mariposans for Environmentally Responsible Growth ("MERG"), Plaintiffs Appellees, v. Dirk KEMPTHORNE, in his official capacity as Secretary of the Interior; The National Park Service; Jonathan B. Jarvis, in his official capacity as Regional Director of the Pacific West Region, National Park Service, Department of the Interior; Michael J. Tollefson, in his official capacity as Superintendent, Yosemite National Park, National Park Service, Department of the Interior, Defendants Appellants. Friends of Yosemite Valley; Mariposans for Environmentally Responsible Growth ("MERG"), Plaintiffs Appellees, v. Dirk Kempthorne, in his official capacity as Secretary of the Interior; The National Park Service; Jonathan B. Jarvis, in his official capacity as Regional Director of the Pacific West Region, National Park Service, Department of the Interior; Michael J. Tollefson, in his official capacity as Superintendent, Yosemite National Park, National Park Service, Department of the Interior, Defendants Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2008.

Attorney(s) appearing for the Case

Ronald J. Tenpas, Assistant Attorney General, Environment & Natural Resources Division, U.S. Department of Justice, Washington, D.C., David C. Shilton, Charles R. Shockey, and Elizabeth A. Peterson, Attorneys, U.S. Department of Justice, Washington, D.C., Barbara Good-year, Of Counsel, Field Solicitor, U.S. Department of the Interior, Oakland, CA, for the defendants-appellants.

Julia A. Olson, Wild Earth Advocates, Eugene, OR, Sharon E. Duggan, Law Offices of Sharon E. Duggan, Oakland, CA, for plaintiffs-appellees.

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

Before: ALFRED T. GOODWIN, A. WALLACE TASHIMA, and KIM McLANE WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

Twenty years after the Merced River, which lies in the heart of the Yosemite National Park, was designated a Wild and Scenic River, and seventeen years after the National Park Service ("NPS") was statutorily required to prepare a Comprehensive Management Plan ("CMP") for the Merced Wild and Scenic River, the question whether NPS has developed a valid CMP is again before us. In 2003, we found certain deficiencies in an earlier CMP — the...

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