Scarlett

MEMORANDUM OPINION AND ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

In 1987, Congress designated the Merced River in Yosemite National Park as a component of the National Wild and Scenic Rivers System. Pub.L. 101-49, 101 Stat. 879, 16 U.S.C. § 1274 (a)(62). Under the Wild and Scenic Rivers Act (“WSRA”), 16 U.S.C. § 1271 et seq, the National Park Service (“NPS”) was obligated to prepare a comprehensive management plan (“CMP”) for the Merced River within three fiscal years of its designation under WSRA. 16 U.S.C. § 1274 (d). It did not do so.

In February of 1999, Mariposans for Environmentally Responsible Growth and the Sierra Club filed a lawsuit against NPS concerning a road widening project with the Merced River corridor. Sierra Club v. Babbitt, 69 F.Supp.2d 1202 (E.D.Cal.1999). In that lawsuit, the plaintiffs argued in part that the road project violated WSRA’s requirement that NPS protect and enhance the values and free-flowing character of the Merced River. On July 12, 1999, this court enjoined part of the project and ordered NPS to complete a valid CMP pursuant to WSRA by July 2000. NPS issued the Record of Decision adopting the 2000 Merced Wild and Scenic River…