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Defending Public Lands
New Era of Yosemite Protection

by Greg Adair, Director of Friends of Yosemite Valley
December 18, 2009


On September 29, Friends of Yosemite Valley and the National Park Service (NPS) jointly announced a court-approved Settlement Agreement ending 10 years of litigation. This milestone consolidates our Ninth Circuit court victory of 2008 and opens the door for a new generation of protection for Yosemite's Merced River and valley. Under the terms of the Settlement the multi-million-dollar development-minded Yosemite Valley Plan is now rescinded. Follow-on plans to redevelop two Valley hotels are gone too, along with schemes for new parking, roads, and much more. Yosemite today appears to be at a truly new beginning.

Dogwood tree on the Merced River
Photo: courtesy FoYV archives
The key to understanding the importance of this latest victory is that even after the Ninth Circuit spoke powerfully for Yosemite and for river protection in 2008 (and this was our second Ninth Circuit victory), the parties remained at odds about the meaning of protection under the Wild and Scenic Rivers Act (WSRA). We now have agreed on a way toward a changed approach, and perhaps even a deep change in thought and policy.

For a century, Yosemite officials have both managed and planned for the environment without real focus on the protection and enhancement of its living core, its very heart.

South of the Tuolomne River, that "core" biologically, scenically, and culturally is the Merced River. Yosemite Valley's astonishing beauty, its sonorous river falling inward from vast cliffs, only underscores this uniqueness. Designation under the WSRA entitles the Merced to substantial proactive planning and management to protect and enhance it. Yet at the beginning of our work a decade ago, the Merced was already so designated, yet no plan existed to protect it at all. Friends of Yosemite Valley formed, leading a hard fight over new and well-funded development plans for hotels and fast-moving construction projects cutting a new roadway into the Merced Canyon's banks. Since 1997 our outreach, protests, and lawsuits (opposed by some "mainstream" groups*) were mixed with heartbreaking losses. But we had the rising voice of the courts.

Construction in front of El Capitan has been stopped
Photo: courtesy FoYV archives
By 2008 the courts made matters clear. The danger has persisted that NPS would not face the difficulty of its new task of protecting the Merced. Or perhaps it would simply not know how to change. The Ninth Circuit has now spoken twice, clearly requiring Yosemite to arrive at a user capacity for the Merced. This amounts to a difficult and new issue in a popular park outside of wilderness. Yosemite's first documents avoided the capacity issue: and this was illegal, said the court. The park's representatives acted out in the press, for a time demonizing us as elitists and as those who would turn them into "bouncers in a nightclub." We held our tongue as we held out for a time when we could join the park in forging a consensus with the public about what real protection for the Merced's values could mean.

The park recently began a scoping process for the new plan. The new Merced River Plan begins with some agreements. We agree that protection of the "Outstandingly Remarkable Values" (ORVs, "values") is the primary focus and purpose of this plan. Protection of these values will become foundational to all other plans for Yosemite. As mentioned, earlier plans are gone. Small projects now underway wind down, and the park begins three years of relative quiet. At this point, the park will fill data gaps concerning things unknown. (Surprising at first, one learns that as recently as 2000 locations of wetlands in Yosemite Valley were unknown, for example.) Park officials have decided to create a geography of the things that comprise what is unique and special in Yosemite, which we have long supported. In theory this geography includes places to experience the river's unique qualities, which we hope brings us full circle to grappling with the capacity question. After the Settlement, we learned that planners have decided to take a new look at transportation in this plan, which adds a difficult problem. They will also consider conceptual site plans in the corridor (worrisome, as in the past these became a foil for pro-development land-use schemes).

We had hoped for personnel changes, and we've seen change beyond our dreams this year. Most of the core administration of Yosemite has changed since the election of President Obama. The new Park Service Director, Jon Jarvis, is the first true "science guy" in anyone's memory, a promising sign. Yosemite has a new Chief Planner, a new Merced River Planner, new scientists on the ground, and three User Capacity Scientists hired for the Merced Plan, among others.

The new Merced Plan is being watched intently by the entire Park Service and other land agencies. It is a summit moment for Yosemite. The outcome will surely influence how user capacity is addressed and how plans are formed for Wild and Scenic Rivers across the U.S. At this writing scoping is scheduled to close December 4 (we hope for an extension). Comments on a Draft Merced River Plan will take place during 2011.

For more information: www.yosemitevalley.org



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