Norton

MEMORANDUM OPINION, CONCLUSIONS OF LAW AND ORDER FOLLOWING BENCH TRIAL

In this action Friends of Yosemite Valley and Mariposans for Environmentally Responsible Growth (collectively “Plaintiffs”) challenge the June 2000 Merced Wild and Scenic River Comprehensive Management Plan (“MRP”) and Final Environmental Impact Statement (“FEIS”), and the August 9, 2000 Record of Decision (“ROD”) implementing the MRP and the FEIS. Plaintiffs contend that Defendants have failed to prepare a valid comprehensive management plan that protects and enhances the natural values of the Merced River in Yosemite National Park in compliance with the Wild and Scenic Rivers Act, 16 U.S.C. § 1271 et seq., (‘WSRA”), and have also violated the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., (“NEPA”), and the Administrative Procedures Act, 5 U.S.C. § 701 , et seq., (“APA”). This court has federal question subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and venue is proper in this district.

PROCEDURAL HISTORY

On July 12, 1999, the court entered a Memorandum Opinion and Order in Sierra Club, et al. v. Babbitt, et al., 69 F.Supp.2d 1202 (E.D.Cal.1999). In that Memorandum…