Sierra Club v. United States
Opinion
Opinion
Breyer, J.
ORDER
The National Park Service describes Yosemite as a “premiere masterwork of the natural world.” Any change to this masterwork should only take place after there has been strict compliance with all applicable environmental laws. It is in this context that plaintiff Sierra Club asks the Court to halt implementation of Phase One of the Yosemite Lodge Area Development Plan in Yosemite National Park. After reviewing the pleadings, conducting a site visit of the disputed area, and receiving the benefit of oral argument on October 8, 1998, the Court hereby grants plaintiffs motion for preliminary injunction, for the reasons set forth below.
BACKGROUND
In January 1997, the Merced River in Yosemite Valley overflowed its banks during a severe flood. This flooding caused substantial damage to buildings in the Yosemite Lodge area, located near the base of Yosemite Falls. Fifty percent of the public lodging facilities and one hundred percent of employee housing were damaged or destroyed.
In response to the flood damage, the National Park Service (“NPS”) quickly developed a plan to construct new lodge facilities nearby so that it could continue to accommodate the same number of…