Norton

The Merced River flows through the glaciated Yosemite Valley and then cuts more steeply, westward, through the Merced River Gorge and some of the region’s oldest rock formations. This appeal challenges the sufficiency of the remedy granted by the district court in Friends of Yosemite Valley v. Norton, 194 F.Supp.2d 1066, 1071 (E.D.Cal.2002). The district court granted only part of the declaratory and injunctive relief sought by Friends of Yosemite Valley and Mariposans for Environmentally Responsible Growth (collectively, “Friends”) against the National Park Service (“NPS”) for alleged deficiencies in the Merced Wild and Scenic River Comprehensive Management Plan (“CMP”). Friends contends that the NPS failed to prepare a valid CMP to protect and enhance the natural values of the Merced River, thereby violating the Wild and Scenic Rivers Act (“WSRA”), 16 U.S.C. § 1271 et seq., the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., and the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 , et seq. The district court rejected each of Friends’ claims.

We agree with Friends that the CMP (1) inadequately addresses user capacities by failing to set the “maximum…