Full opinion text
MEMORANDUM OPINION, CONCLUSIONS OF LAW AND ORDER FOLLOWING BENCH TRIAL ISHII, District Judge. 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 Opinion and Order, the court found that the defendants had violated 16 U.S.C. § 1274(d), a portion of WSRA, by failing to develop a comprehensive management plan for the Merced River. The court granted the plaintiffs declaratory judgment on their claim that the defendants had violated the APA by failing to adopt a comprehensive management plan for the Merced River, as required by WSRA. The court ordered the National Park Service (“NPS”) to prepare and adopt a valid comprehensive management plan for the Merced River as designated under WSRA no later than twelve months after the entry of the court’s decision. Based on a request from the NPS, the court subsequently extended the deadline for the NPS to complete a valid comprehensive management plan to August 14, 2000. The NPS began public scoping pursuant to NEPA for the comprehensive management plan and environmental impact statement (“EIS”) in June of 1999. The Merced River Plan Draft EIS was released in January of 2000. The Draft EIS presented five alternatives, including a no action alternative, for consideration. Availability of the Merced River Plan Final EIS was announced in early July 2000. The record of decision on the MRP was signed on August 9, 2000, with a revised record of decision being signed on November 3, 2000. Following completion of the NEPA process for the MRP, the NPS published the Merced Wild and Scenic River Comprehensive Management Plan (“Merced River Plan” or “MRP”) in a reference volume specifically designed for park planners and managers. On August 14, 2000, Plaintiffs filed their complaint in this action. A bench trial was held on November 6, 2001, and the entire case was submitted for decision. STANDARD OF REVIEW The review of final agency action is governed by the Administrative Procedure Act under an “arbitrary or capricious” standard. 5 U.S.C. § 706(2)(A). Absent a showing of arbitrary action, a court must assume that an agency has exercised its discretion appropriately. Kleppe v. Sierra Club, 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976). Thus, the standard is “highly deferential, presuming the agency action to be valid and affirming the agency action if a reasonable basis exists for its decision.” Independent Acceptance Co. v. California, 204 F.3d 1247, 1251 (9th Cir.2000)(internal quotations omitted.). An agency’s decision should be overturned if it was “arbitrary, capricious, an abuse of discretion, other otherwise not in accordance with the law.” 5 U.S.C. § 706(2)(A); Idaho Farm Bureau Fed’n v. Babbitt, 58 F.3d 1392, 1401 (9th Cir.1995). The Ninth Circuit has explained review of agency decisions as follows: Review under the arbitrary and capricious standard is narrow and the reviewing court may not substitute its judgment for that of the agency. Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 376, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989) (Marsh). We must determine whether the agency’s decision was made after considering the relevant factors and whether the agency made a clear error of judgment. Id. at 378, 109 S.Ct. at 1861. We may reverse the agency’s decision as arbitrary or capricious only if the agency relied on factors Congress did not intend it to consider, entirely failed to consider an important aspect of the problem, offered an explanation that ran counter to the evidence before the agency, or offered one that is so implausible that it could not be ascribed to a difference in view or the product of agency expertise. Dioxin/Organochlorine Center v. Clarke, 57 F.3d 1517, 1521 (9th Cir.1995). Western Radio Services Co., Inc. v. Espy, 79 F.3d 896, 900 (9th Cir.1996), cert. denied, 519 U.S. 822, 117 S.Ct. 80, 136 L.Ed.2d 38 (1996). Plaintiffs seek injunctive relief • against Defendants. The United States Supreme Court has explained as follows: It goes without saying that an injunction is an equitable remedy. It “is not a remedy which issues as of course,” Harrisonville v. W.S. Dickey Clay Mfg. Co., 289 U.S. 334, 337-338, 53 S.Ct. 602, 603, 77 L.Ed. 1208 (1933), or “to restrain an act the injurious consequences of which are merely trifling.” Consolidated Canal Co. v. Mesa Canal Co., 177 U.S. 296, 302, 20 S.Ct. 628, 630, 44 L.Ed. 777 (1900). An injunction should issue only where the intervention of a court of equity “is essential in order effectually to protect property rights against injuries otherwise irremediable.” Cavanaugh v. Looney, 248 U.S. 453, 456, 39 S.Ct. 142, 143, 63 L.Ed. 354 (1919). The Court has repeatedly held that the basis for injunctive relief in the federal courts has always been irreparable injury and the inadequacy of legal remedies. Rondeau v. Mosinee Paper Corp., 422 U.S. 49, 61, 95 S.Ct. 2069, 2077, 45 L.Ed.2d 12 (1975); Sampson v. Murray, 415 U.S. 61, 88, 94 S.Ct. 937, 951, 39 L.Ed.2d 166 (1974); Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 506-507, 79 S.Ct. 948, 954-955, 3 L.Ed.2d 988 (1959); Hecht Co. v. Bowles, supra, at 329, 64 S.Ct., at 591. Where plaintiff and defendant present competing claims of injury, the traditional function of equity has been to arrive at a “nice adjustment and reconciliation” between the competing claims, Hecht Co. v. Bowles, supra, at 329, 64 S.Ct., at 592. In such cases, the court “balances the conveniences of the parties and possible injuries to them according as they may be affected by the granting or withholding of the injunction.” Yakus v. United States, 321 U.S. 414, 440, 64 S.Ct. 660, 675, 88 L.Ed. 834 (1944). “The essence of equity jurisdiction has been the power of the Chancellor to do equity and to mould each decree to the necessities of the particular case. Flexibility rather than rigidity has distinguished it.” Hecht Co. v. Bowles, supra, 321 U.S., at 329, 64 S.Ct., at 592. Weinberger v. Romero-Barcelo, 456 U.S. 305, 311-12, 102 S.Ct. 1798, 72 L.Ed.2d 91 (1982). The Court later summarized its holding in Weinberger as follows: We reviewed the well-established principles governing the award of equitable relief in federal courts. Id., at 311-313, 102 S.Ct., at 1802-1804. In brief, the bases for injunctive relief are irreparable injury and inadequacy of legal remedies. In each case, a court must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief. Although particular regard should be given to the public interest, “[t]he grant of jurisdiction to ensure compliance with a statute hardly suggests an absolute duty to do so under any and all circumstances, and a federal judge sitting as chancellor is not mechanically obligated to grant an injunction for every violation of law.” Id., at 313, 102 S.Ct., at 1803. Amoco Production Co. v. Village of Gambell, Alaska, 480 U.S. 531, 542, 107 S.Ct. 1396, 94 L.Ed.2d 542 (1987). DISCUSSION Both Plaintiffs and Defendants have filed objections to declarations submitted by the opposing party. It is undisputed that the focal point for judicial review is the administrative record before the agency at the time of the agency’s decision and “not some new record made initially in the reviewing court.” Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973). There are, however, exceptions to this general rule. In Animal Defense Council v. Hodel, 840 F.2d 1432, 1436 (9th Cir.1988), the Ninth Circuit explained: However, certain circumstances may justify expanding review beyond the record or permitting discovery. See, e.g., Public Power Council v. Johnson, 674 F.2d 791, 793 (9th Cir.1982). The district court may inquire outside the administrative record when necessary to explain the agency’s action. Id. at 793-94. When such a failure to explain agency action effectively frustrates judicial review, the court may “obtain from the agency, either through affidavits or testimony, such additional explanation of the reasons for the agency decision as may prove necessary.” Camp v. Pitts, 411 U.S. 138, 143, 93 S.Ct. 1241, 1244, 36 L.Ed.2d 106 (1973). The court’s inquiry outside the record is limited to determining whether the agency has considered all relevant factors or has explained its course of conduct or grounds of decision. Hintz, 800 F.2d at 829. The district court may also inquire outside of the administrative record “when it appears the agency has relied on documents or materials not included in the record.” Id. In addition, discovery may be permitted if supplementation of the record is necessary to explain technical terms or complex subject matter involved in the agency action. Id. In the present case, the court has considered the parties’ declarations for the purpose of determining whether the NPS considered all relevant factors and explained the grounds of its decision, and also to help explain the background facts and complex scientific matters upon which the case is based. The court is grateful for the assistance the declarations have given to the court in understanding many aspects of the case. The court has not, however, relied on any of the declarations as a basis for reaching its decision on any issue. Accordingly, the objections of all parties to the declarations filed in this case will be overruled, and all motions to strike portions of declarations will be denied. Plaintiffs also move to strike the extra-record exhibits attached to the amici brief filed by the Natural Resources Defense Council. Defendants have not opposed this motion. The court finds that the attachment of such exhibits goes beyond the proper purpose of an amicus brief. See Metcalf v. Daley, 214 F.3d 1135, 1141 n. 1 (9th Cir.2000)(striking extra-record documents attached to amicus brief); Banerjee v. Board of Trustees of Smith College, 648 F.2d 61, 65 n. 9 (1st Cir.1981)(purpose of amicus brief is not to assist a party with its evidentiary claims). Accordingly, the exhibits attached to the amicus brief, along with all portions of the amicus brief which rely on those exhibits will be stricken. I. RIPENESS Defendants contend that Plaintiffs’ claims are not ripe for judicial review and that Plaintiffs lack standing. Defendants base this contention on their claim that the MRP does not authorize site-specific development, but rather is a programmatic plan which provides a framework for reviewing specific future projects. Defendants argue that generally, in such situations, there are no justiciable issues ripe for review. See Ohio Forestry Ass’n v. Sierra Club, 523 U.S. 726, 732-37, 118 S.Ct. 1665, 140 L.Ed.2d 921 (1998); Wilderness Society v. Thomas, 188 F.3d 1130, 1132-33 (9th Cir. 1999); Environmental Protection Information Center (EPIC) v. Tuttle, 2001 WL 114422*4-8 (No. C 00-0713 SC, N.D. Cal. Jan. 22, 2001). Defendants rely primarily on Ohio Forestry Ass’n v. Sierm Club, in which the Court addressed the justiciability of a forest plan prepared pursuant to the National Forest Management Act (“NFMA”). The NFMA requires the Forest Service to develop and maintain a forest management plan for each unit of the National Forest System. See 16 U.S.C. § 1604(a). The forest plans must provide for multiple uses of forests, including “coordination of outdoor recreation, range, timber, watershed, wildlife and fish, and wilderness.” 16 U.S.C. § 1604(e)(1). All permits and contracts for the use of the forests must be consistent with the forest plans. See 16 U.S.C. § 1604(i). In Ohio Forestry Ass’n v. Sierra Club, the Court explained as follows: As this Court has previously pointed out, the ripeness requirement is designed “to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging parties.” Abbott Laboratories v. Gardner, 387 U.S. 136, 148-149, 87 S.Ct. 1507, 1515, 18 L.Ed.2d 681 (1967). In deciding whether an agency’s decision is, or is not, ripe for judicial review, the Court has examined both the “fitness of the issues for judicial decision” and the “hardship to the parties of withholding court consideration.” Id., at 149, 87 S.Ct., at 1515. To do so in this case, we must consider: (1) whether delayed review would cause hardship to the plaintiffs; (2) whether judicial intervention would inappropriately interfere with further administrative action; and (3) whether the courts would benefit from further factual development of the issues presented. Id. at 732-33, 118 S.Ct. 1665. In Wilderness Society v. Thomas, 188 F.3d 1130, 1133-34 (9th Cir.1999), the Ninth Circuit applied the holding in Ohio Forestry v. Sierra Club as follows: Ohio Forestry embraces the eminently sensible proposition that harm is best assessed when it is tangible, rather than theoretical. Thus, for a challenge to a forest plan to be justiciable under the Act, the plaintiffs must allege either (1) imminent concrete injuries that would be caused by the forest plan, such as “allowing motorcycles into a bird-watching area” or “dos [ing] a specific area to off-road vehicles,” see 523 U.S. at 738, 118 S.Ct. at 1673, or (2) a site-specific injury causally related to an alleged defect in the forest plan. Generic challenges to the sufficiency of forest plans are no longer justiciable, nor are challenges that merely identify affected sites without alleging a harm causally related to the forest plan. See id.; see also ONRC Action v. BLM, 150 F.3d 1132, 1136 (9th Cir.1998) (acknowledging that Ohio Forestry “calls into doubt a plaintiffs ability to challenge an agency’s adoption of a plan without site-specific actions as the focus of the challenge”). Here, plaintiffs’ complaint alleges not only that the Forest Service violated the NFMA by failing to conduct a forest-wide grazing suitability study, but also that the Forest Service violated the NFMA at a site-specific level by approving allotment management plans for the Crooks Canyon/Maverick and the Brady Butte allotments without identifying the lands suitable for grazing on those allotments. In short, the plaintiffs allege that the Forest Service’s general methodology in determining grazing suitability in the Forest Plan was flawed, causing site-specific harm by allowing grazing in an area unsuitable for it. Thus, the claims alleged in count one (a general challenge to the Forest Plan) are not justiciable; however, the claims alleged in counts two and three (site specific injury relating to Crooks Canyon/Maverick and the Brady Butte allotments) are ripe for review. Because the site-specific injury to the two allotments is alleged to have been caused by a defect in the Forest Plan, we may consider whether the Forest Service complied with the Act in making its general grazing suitability determinations in the Forest Plan. In sum, the Ohio Forestry ripeness factors do not weigh against judicial review of counts two and three at this juncture. An actual, site-specific injury causally related to a plan defect has been alleged. The question presented by the plaintiffs — whether the Forest Service is obliged under the NFMA to conduct a distinct grazing suitability analysis — is essentially a question of law. Therefore, the court would not benefit from further factual development of the issue presented. Because the action seeks to compel the agency to comply with an alleged NFMA requirement, judicial intervention would not interfere inappropriately with further administrative action. Finally, our review does invoke “the kind of ‘abstract disagreements over administrative policies’ that the ripeness doctrine seeks to avoid.” Ohio Forestry, 523 U.S. at 735, 118 S.Ct. at 1672 (quoting Abbott Labs. v. Gardner 387 U.S. 136, 148, 87 S.Ct. 1507, 18 L.Ed.2d 681 (1967)). However, count one of plaintiffs’ complaint presents a generic challenge which Ohio Forestry cautions against adjudicating. Thus, counts two and three of plaintiffs’ complaint are ripe for adjudication; count one is not. Defendants contend that these cases, which share the common characteristic of rejecting a challenge to a forest management plan where further governmental action would be necessary before something environmentally harmful could be approved or implemented, are analogous to the present case. Defendants argue that before any project could take place which would harm the outstandingly remarkable values (“ORVs”) of the Merced River or affect its free flow, it would have to survive a review under the criteria set forth in the MRP. Defendants conclude, therefore, that Plaintiffs’ WSRA challenges to the MRP are not ripe for judicial review. Initially, Plaintiffs assert that their WSRA and NEPA claims became ripe when the FEIS and ROD were issued, citing Ohio Forestry Assoc. v. Sierra Club., 523 U.S. at 737, 118 S.Ct. 1665, West v. Secretary of the Dept. of Transportation, 206 F.3d 920, 930 fn. 14 (9th Cir.2000), and Hells Canyon Alliance v. U.S. Forest Service, 227 F.3d 1170 (9th Cir.2000). Then, in their opposition brief, Plaintiffs contend that their WSRA claims became ripe when NPS made the decision to adopt Alternative 2 as the comprehensive management plan for the Merced River. Plaintiffs rely on National Park and Conservation Ass’n v. Stanton, 54 F.Supp.2d 7, 17 (D.D.C.1999), in which environmental groups challenged the NPS’ plan for management of the Niobrara National Scenic River in Nebraska under WSRA. Under the challenged management plan, the NPS delegated all its responsibilities for managing the Niobrara to an independent local council over which the NPS had virtually no control. In response to the defendants’ argument that the issue of the legality of the delegation of the management of the river was not yet ripe, the District Court for the District of Columbia held as follows: To prove ripeness, Plaintiffs must show that: (1) delayed review would cause hardship to them; (2) the agency action is final; and (3) the Court would not benefit from further factual development of the issues presented. Ohio Forestry Ass’n Inc. v. Sierra Club, 523 U.S. 726, 118 S.Ct. 1665, 1670, 140 L.Ed.2d 921 (1998). The second prong of the test is undisputed: the EIS, the decision to adopt Alternative B, and the delegation of authority to the Council are all final decisions. Additionally, it is clear that Plaintiffs would continue to suffer hardship from delayed review if NPS’ decision was found to be an unlawful delegation to the Council. Defendants argue that Plaintiffs’ current claims are merely abstract legal claims, and that further factual development will aid in determining whether NPS has sufficient oversight over the Council to defeat an unlawful delegation claim. Defendants argue that, at a minimum, the Council should be allowed to implement the GMP before the Court considers the issue. One wonders how long Defendants would have the Court wait — until the River is hopelessly compromised? Allowing the Council to implement the GMP will not change NPS’ final delegation decision, and will thus not shed additional light on the legal issue presented by the Plaintiffs. The unlawful delegation claim is ripe and concrete: all agreements relating to the Council’s duties have been implemented, and the Court need look no further in deciding whether these duties comprise an unlawful delegation. Id. at 16-17. Plaintiffs also cite Hells Canyon Alliance, 227 F.3d 1170, 1176 (9th Cir.2000) as an example of a case in which the court reviewed a recreational management plan for consistency with WSRA after Ohio Forestry. The court notes, however, that this case does not address ripeness. Plaintiffs argue generally that review of comprehensive management plans under the Wild and Scenic Rivers Act is “appropriate and common,” citing as examples Oregon Desert Association v. Singleton, 47 F.Supp.2d 1182, 1190 (D.Or.1998) and Oregon Natural Desert Association v. Green, 953 F.Supp. 1133 (D.Or.1997). Again, neither of these cases address the ripeness issue. In response to Defendants’ argument that the MRP is a programmatic plan and does not authorize site-specific development, Plaintiffs argue that Defendants ignore fundamental flaws in the MRP which make review of it imperative now. Most generally, Plaintiffs argue that the MRP makes final determinations about what resources are ORVS and are therefore afforded protection. Plaintiffs claim that certain ORVs have been illegally eliminated or altered and that they will not be afforded WSRA protection until this court reviews the issue. Among the specific flaws in the MRP alleged by Plaintiffs, is that through its zoning, the MRP authorizes unlimited amounts of the types of use authorized in each zone. Relatedly, Plaintiffs argue that the MRP validates existing uses of the Merced River and its environment which are presently degrading OVRs. Plaintiffs list as this type of existing use the Camp 6 parking lot, which they claim affects scenic, riparian habitat, and free flow, and the unregulated commercial tour buses, which they claim impact the natural quiet. Turning to the three factors to be considered under Ohio Forestry Ass’n v. Sierra Club, Plaintiffs address the first factor of “whether delayed review would cause hardship to the plaintiffs.” Id. at 732, 118 S.Ct. 1665. Plaintiffs contend that the present situation is not analogous to that in Ohio Forestry Ass’n v. Sierra Club, in which the Court found that delayed review would not cause hardship based in part on its conclusion that the challenged provisions of the plan did not create adverse effects “that traditionally would have qualified as harm” such as commanding anyone to do anything or to refrain from doing anything. Id. at 733, 118 S.Ct. 1665. The Court stated that it did not find that the plan currently inflicted “significant practical harm upon the interests that the Sierra Club advances,” noting that this was “an important consideration in light of this Court’s modern ripeness cases.” Id at 733 — 34,118 S.Ct. at 1670. Plaintiffs argue that the present case is distinguishable because a comprehensive management plan under WSRA is fundamentally different from a forest plan under the National Forest Management Act. Plaintiffs argue that while a comprehensive management plan may restrict ongoing activities and take preventive or corrective actions to protect and enhance ORVS, a forest plan simply sets forth allowable activities that may or may not take place in the National Forest. Regarding how delayed review would be harmful in the present case, Plaintiffs repeat their arguments that fundamental flaws in the MRP plan make review imperative now. These include determination of ORVs and boundaries which will not be reevaluated in future project-level decisions, and existing types of uses of the Merced River environment which are presently degrading ORVs, including Camp 6 parking and unregulated commercial tour buses. Finally, Plaintiffs argue that Defendants have agreed that it would cause a hardship if review of the MRP was delayed. Plaintiffs cite Exhibit A, page 19, lines 4 -22, of the Declaration of Sharon E. Duggan, which is an excerpt of the transcript of a hearing before Magistrate Judge Dennis L. Beck on April 6, 2001. The subject of the hearing was Plaintiffs’ motion to amend their complaint to include allegations regarding the Valley Plan. The court finds that in the pages provided in Exhibit A, counsel for Defendants argues against the amendment, claiming that it will delay judicial resolution of the validity of the MRP, and will prejudice Defendants and the public. Plaintiffs next address the second factor under Ohio Forestry Ass’n v. Sierra Club of “whether judicial intervention would inappropriately interfere with further administrative action.” Id. at 733, 1670. The Court found that “from the agency’s perspective, immediate judicial review directed at the lawfulness of logging and clearcutting could hinder agency efforts to refine its policies,” and that there was a real possibility that further consideration would occur before the agency implemented the plan. Id. at 736, 118 S.Ct. at 1671. The Court concluded, therefore, that “[hjearing the Sierra Club’s challenge now could thus interfere with the system that Congress specified for the agency to reach forest logging decisions.” Id. Plaintiffs contend that in opposition to their motion to amend the complaint, Defendants argued that delay in judicial review would be prejudicial and interfere with further administrative action. Plaintiffs again cite Exhibit A to the Duggan Declaration and the transcript of the April 6, 2001 hearing before Magistrate Judge Dennis L. Beck.. Plaintiffs argue that at that hearing, Defendants did not claim that judicial review of the MRP at the present time would interfere with further administrative action, but rather argued the opposite. The court’s review of the transcript reveals that at the hearing, Defendants’ counsel argued that until the validity of the MRP is determined in this action, Defendants cannot proceed with such projects as the removal of Cascade Dam, the reconstruction of the last mile of the El Portal Road, and the replacing of the temporary bridge at Wawona. Counsel argued that it was very prejudicial to the public interest and the interests of the National Park Service to wait for a judicial determination as to the validity of the CMP until the validity of the Valley Plan can also be determined in the same action. Finally, Plaintiffs address the third factor to be considered under Ohio Forestry Ass’n v. Sierra Club of “whether the courts would benefit from further factual development of the issues presented.” Id. at 733, 118 S.Ct. at 1670. Plaintiffs contend that their opening trial brief presents in detail the evidence necessary for the court to rule in this case. Plaintiffs argue that no further factual development is necessary, and that Defendants do not argue to the contrary. Under the Supreme Court’s direction set forth in Abbott Laboratories and reaffirmed in Ohio Forestry Ass’n v. Sierra Club, in deciding whether the Defendants’ decision in adopting the MRP is ripe for review, this court must consider both the fitness of the issues for judicial review and the hardship to the parties of withholding court consideration. Ohio Forestry v. Sierra Club, 523 U.S. at 732-33, 118 S.Ct. at 1670. Subsequently, in addressing the justiciability of a forest management plan, the court further defined the two issues identified in Abbott into the three factors cited and discussed by the parties in the present case. The court finds that the second and third factors are easily resolved in this case and will therefore address them first. Essentially, Defendants do not dispute that the second and third factors weigh in favor of judicial intervention at this time. As to the second factor of whether judicial intervention would inappropriately interfere with further administrative action, the court’s review of the parties’ briefs reveals that Defendants do not argue that the court’s review of the MRP at this time would significantly interfere with further action on their part. For example, Defendants do not argue, as did the defendants in Ohio Forestry Ass’n v. Sierra Club, that immediate judicial review of the plan at issue would interfere with their efforts to further refíne their policies. To the contrary, as Plaintiffs point out, Defendants argued in opposition to Plaintiffs’ motion to amend that until the validity of the MRP is determined judicially, it cannot proceed with specific, planned projects. As to the third factor of whether the court would benefit from further factual development of the issues presented, Defendants do not argue that such development is needed. As was the case in Wilderness Society v. Thomas, the questions before this court are essentially questions of law. The facts, as set forth in the administrative record, are undisputed. A more complex issue in this case is presented by the first of the factors from Ohio Forestry Ass’n v. Sierra Club: whether delayed review would cause hardship to Plaintiffs. Defendants argue repeatedly that due to the nature of the MRP as having been designed only for guidance for future site-specific projects, rather than for currently implementing such projects, the MRP is not yet ripe for review. Defendants contend that after the Court’s ruling in Ohio Forestry Ass’n v. Sierra Club, the only thing that remains open to judicial review in a threshold, foundational challenge to a new plan would be a violation of a clear statutory duty. In support of that contention, Defendants rely on ONRC Action v. Bureau of Land Management, 150 F.3d 1132, 1139-40 (9th Cir.1998), in which several environmental organizations alleged that the Bureau of Land Management (“BLM”) had violated NEPA and the Federal Land Policy Management Act (“FLPMA”) by failing to halt certain actions pending completion of an EIS. The Court of Appeals held in part that the FLPMA did not require the BLM to update and monitor land use plans in manner that would require BLM to cease challenged activities. The court explained: ONRC also contends that BLM has failed to act in accordance with duties established under FLPMA. ONRC points to various provisions in FLPMA and to sections of the Federal Regulations promulgated pursuant to FLPMA to support its contention that “BLM is neglecting its duty under FLPMA to adequately monitor and update its management plans before relying on them in making land management decisions.” This relates to ONRC’s argument that there are no existing programmatic plans in existence under NEPA because several land use plans have not been revised or amended as required.' Specifically, ONRC points to 43 U.S.C. §§ 1701(a)(8), 1712, and 1732(b). BLM argues that nothing in these provisions provides a clear statutory duty with which a court can require BLM to comply. “The interpretation of a statute by the agency charged with its administration is generally entitled to ‘considerable weight.’ ” Bolt v. United States, 944 F.2d 603, 606 (9th Cir.1991) (quoting Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 U.S. 837, 844, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984)). “If the agency’s • construction does not conflict with the clear language of the statute, [the court] will uphold the agency’s position if reasonable.” Id. at 606-07. We conclude that BLM’s interpretation is reasonable. See 43 U.S.C. § 1731(b) (discussing BLM’s duty to administer FLPMA). Section 1701 provides several policy statements which require due consideration, but do not provide a clear duty to update land management plans or cease actions during the updating process. [FN5] Section 1712 requires the revision of land use plans when “appropriate.” [FN6] Section 1712 also provides the proper procedure and criteria to follow during development or revision of a land use plan. The language in Section 1712 does not, however, establish a clear duty of when to revise the plans, nor does it create a duty to cease actions during such revisions. Section 1732 also lacks a statement of clear statutory duty. It provides general guidance during decisions on management actions such as granting easements and developing trade. [FN7] The court finds that in contrast, Plaintiffs in the present case have alleged a violation of a clear statutory duty. Specifically, Plaintiffs have alleged a violation of the requirement under 16 U.S.C. section 1274(d)(1) that NPS “prepare a comprehensive management plan ... to provide for the protection of the river values.” In addition to alleging a violation of this overall requirement, Plaintiffs have alleged violations of the statutory duty to address “user capacities, and other management practices necessary or desirable to achieve the purposes of’ WSRA, and the requirement to administer the Merced River to protect and enhance its values. 16 U.S.C. §§ 1274(d)(1), 1281(a). The court finds that Plaintiffs allege the MRP currently inflicts “significant practical harm” upon the interests they advance in regard to the determination of ORVs to be protected and boundaries delineating the river area, one of the factors supporting justiciability under Ohio Forestry Ass’n v. Sierra Club. The court further finds that forcing Plaintiffs to wait to raise these issues within a challenge to a site-specific project will in no way make these issues more ripe. It is the very terms of the Merced River Plan which Plaintiffs wish to challenge in regard to these issues, not their implementation. Finally, the court finds that Plaintiffs’ allegations are linked to a clear statutory duty of the NPS under 16 U.S.C. section 1274 to “prepare a comprehensive management plan for such river segment to provide for the protection of the river values.” In light of the above, the court finds that Plaintiffs have demonstrated that delayed review of the MRP would cause them hardship. The court finds, therefore, that all three Ohio Forestry Ass’n v. Sierra Club factors weigh in favor of justiciability in this case. The court thus concludes that Defendants’ decision as set forth in the FEIS, ROD and MRP is now ripe for review. II. THE WILD AND SCENIC RIVERS ACT Plaintiffs contend that the MRP and ROD violate WSRA for the following five major reasons: 1) the MRP lacks baseline data; 2) the MRP illegally eliminates ORVs previously identified and adds new, inappropriate values; 3) the MRP fails to protect and enhance the Merced River’s ORVs and free flow; 4) the Yosemite Valley Plan illegally formed the basis of the MRP; 5) the MRP illegally changes part of the Yosemite Valley classification from scenic to recreational. BASELINE DATA Plaintiffs contend that the most fundamental flaw in the MRP is the lack of baseline date upon which the NPS could make proper, informed decisions about how the river should be managed, and what kind of use and development would be sufficiently protective of river values. Plaintiffs claim that the present situation is analogous to that in ONDA v. Singleton, 47 F.Supp.2d 1182 (D. Oregon 1998), which involved a challenge to a BLM management plan for the Owyhee Rivers. One of the claims by the plaintiffs was that the BLM had violated NEPA by fading to prepare an environmental impact statement (“EIS”). Specifically, the plaintiffs claimed that because the plan included cat-tie grazing, which had a significant impact on the environment, the BLM should have prepared an EIS. The BLM argued that because the plan mitigated grazing to avoid significant impacts, and EIS was unnecessary and that its finding of no significant impact (“FONSI”) was correct. In finding that the BLM violated NEPA by failing to prepare an EIS, the court explained as follows: The Plan/EA itself shows that when the BLM made the FONSI, it knew grazing had negatively affected specific sites. However, it had no baseline data on the quality or quantity of vegetation at the affected sites or elsewhere, either for the time of designation or for the drought after designation, which saw more concentrated grazing. The BLM’s awareness of its lack of data is demonstrated by the Plan’s prescription of an inventory “to determine riparian areas and potentials.” The evidence also shows that at the time the FONSI was made, the BLM had no utilization studies for riparian areas. AR Tab 178, p. 31. So, although the Plan/EA proposed to mitigate grazing with utilization standards of 30, 40 and 50%, these standards were not correlated to existing conditions, because existing conditions were unknown at the time. The standards were not correlated to any utilization studies because the BLM had none. The utilization standards are generally applicable to all upland and riparian areas, rather than site-specific; thus, there is no indication that the utilization standards were intended to remedy negative effects in the degraded areas, rather than merely maintain the status quo. The evidence indicates that the utilization standards represented nothing more than the grazing levels in existence at the time the Plan was promulgated. See AR Tab 178, p. 13 (“Agricultural use is restricted to a limited amount of domestic livestock grazing ... to the extent currently being practiced.”) and AR Tab 223, p. 1878 (“The final plan ... recommends management actions ... [which] do not substantially change the existing direction for livestock management within the corridor.”). The utilization standards, then, are not only unsupported by data, but also cannot accurately be described as mitigation, since they apparently represent a continuation of current grazing practices — the same conditions identified in the Plan/EA as having produced negative impacts in some areas. The only other specific mitigation measures set out in the Plan/EA to compensate for the identified negative impacts of cattle grazing are limits on trailing and seasonal restrictions. But these measures are also unsupported by analytical data, and there is no evidence that they represent a departure from practices in existence at the time the Plan was written. Otherwise, the Plan/EA merely sets out optimistic expectations, contingent plans, and anticipated outcomes. The court concludes that the BLM’s “mitigated FONSI” is insufficient to avoid an EIS. The Plan/EA itself identifies specific areas in which cattle grazing is negatively affecting the rivers’ ORVs. The BLM’s “mitigated FONSI” is not supported by any analytical data; its mitigation measures are not specific to degraded areas and appear to be nothing more than a continuation of the status quo; and it does not reveal how mitigation measures would compensate for the adverse environmental impacts identified in the Plan/EA. There is no evidence in the record that if the utilization standards are something different from the status quo, they are anything more than guesswork, given the absence of an inventory and utilization studies. The court notes that the Plan/EA contains no statistical data and not a single scientific citation. It is replete with plans to monitor conditions and develop data in the future, but as plaintiffs point out, NEPA requires “that the agency develop the data first, and then make a decision, not make a decision and then develop the data.” Plaintiffs’ Memorandum in Support, p. 20. See also Foundation for North American Wild Sheep v. U.S. Dep’t of Agriculture, 681 F.2d 1172, 1179 (9th Cir.1982) (“the very purpose of NEPA’s requirement that an EIS be prepared for all actions that may significantly affect the environment is to obviate the need for ... speculation by insuring that available data is gathered and analyzed prior to the implementation of the proposed action.”) (Emphasis added). The EA falls well short of “accurate scientific analysis” and of supplying a “convincing statement of reasons” why continued grazing on the river corridor — recognized in the Plan as having a negative effect on the rivers’ ORVs— could have an insignificant impact. ONDA v. Singleton, 47 F.Supp.2d at 1193—94. Plaintiffs contend that the same errors occurred in the present case. They argue first that the NPS used maps throughout the MRP to identify river boundaries, management zones and the river protection overlay, but did not have basic baseline maps of natural and cultural resources from which to overlay the other management-focused maps. Relying on various declarations, Plaintiffs claim that due to the lack of baseline date, the maps in the MRP are highly inaccurate in terms of boundaries, river protection overlay and size of natural features. Relatedly, Plaintiffs contend that the administrative record does not contain current surveys specifically conducted for the MRP/EIS to document the status of rare, threatened or even common species, and claim that even where detailed information was available, it is not reflected in the MRP/FEIS. Plaintiffs cite Oregon Natural Desert Association v. Green, 953 F.Supp. 1133 (D.Or. 1997), which involved a challenge pursuant to WSRA, NEPA and the APA to the management plan for the Donner and Blitzen River issued by the BLM. Monitoring data on instream conditions collected over two years was used in the development of the river plan. Id. at 1140. Plaintiffs argue that in the present case, the NPS has completely failed to obtain that kind of detailed data for use in the MRP. The import of this argument is unclear, as Plaintiffs do not identify for this court any language in Green in which the sufficiency of the monitoring data is discussed. In response, Defendants contend that the MRP is based on sufficient baseline data to sustain a general management plan action. First, Defendants discuss the standard for a general management plan level action. They argue that the MRP is such a general management plan, which was intended to provide guidance with respect to activities and future projects in and adjacent to the river corridor. Relying on the Director’s Order # 2: Park Planning, effective May 27, 1998, Defendants argue that as a general management plan, the MRP was not intended to be a detailed plan and therefore does not call for specific projects. AR19627-19639. In regard to general management plans, the Director’s Order # 2 provides as follows: 3.3.1.2 General Management planning will constitute the first phase of tiered planning and decision making. It will focus on why the park was established and what resource conditions and visitor experiences should be achieved and maintained over time. The general management plan will take the long view, which may be many years into the future when dealing with the time frames of natural and cultural processes. The plan will consider the park holistically (in its full ecological and cultural contexts) as a unit of the national park system and as part of the surrounding region. It will identify the importance of partnerships with others in protecting park resources and providing appropriate visitor services. The general management plan will also identify connections among the various park programs and park management districts. This will help avoid inadvertently creating new problems in one area, while attempting to solve problems in another. Decisions about site-specific actions will be deferred to implementation planning. More detailed, site-specific analyses of implementation plan alternatives will be required before any major federal action is undertaken. AR 19631. Defendants argue that WSRA neither mentions the term “baseline date,” nor purports to require certain levels of baseline date prior to the adopting of a comprehensive management plan. Repeating their arguments made in regard to ripeness, Defendants argue that the plan at issue is a general management plan, and that as such, review of the sufficiency of the baseline data used to support the MRP is precluded at this time under Ohio Forestry Ass’n v. Sierra Club. The court rejects the ripeness and standing argument as to this particular claim for the same reasons it rejected Defendants’ argument addressing Plaintiffs challenge to the MRP as a whole. The NPS further argues that Plaintiffs have not pointed to “any clear statutory duty” to conduct various surveys and studies prior to adopting a comprehensive management plan, and without such a duty, Plaintiffs lack statutory standing to pursue the baseline data issue at this time. See ONRC Action, 150 F.3d at 1139—40. Again, the court rejects this argument for the same reasons stated above. Defendants cite the court to the recent decision in Isle Royale Boaters Association, 154 F.Supp.2d 1098 (W.D.Mich.2001), in which the court cited the following excerpt from the NPS Planner’s Sourcebook: GMPs are now defined as conceptual plans that focus on what conditions should be achieved and maintained in parks — with little or no detail about specific actions. Decisions made through a GMP have the potential to affect a park’s resources and values on a broad scale, and they are even more likely than smaller-scale implementation plans to have significant long-term impacts and to qualify as major federal actions. These GMPs/EISs are ideal places to discuss ecosystem sustainability and management, biodiversity, community or regional land use planning, and other larger scale issues. These are the kinds of decisions CEQ believed would benefit from EISs and their comprehensive environmental planning and public involvement efforts. Furthermore, courts have been consistent in requiring EISs for large-scale agency decision making. When a large-scale plan such as a GMP is prepared, the information can and should be less detailed than the site-specific information required in an implementation plan. In most GMPs it will be difficult to conduct the traditional impact analysis where the focus is on quantifiable impacts (the amount of acreage disturbed or the number of archeological sites affected) because of the conceptual nature of the plan. Subsequent implementation proposals are “tiered” (procedurally connected) to the broadscale GMP/EIS. Tiering allows the Park Service to “focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe.” NPS Planner’s Sourcebook, Director’s Ord. # 2, at 9-2, http://www.nps. gov/planning/do2/pagel. htm. (quoting 40 C.F.R. § 1508.28). Isle Royale Boaters Assn., 154 Supp.2d at 1127-28. Finally, Defendants argue that the cases relied upon by Plaintiffs are distinguishable. They argue that both Oregon National Desert Ass’n v. Singleton and Oregon National Desert Ass’n v. Green, are distinguishable in that both involve cattle grazing, an affirmative activity that negatively changes the status quo of the environment and can be stopped at any time. Defendants claim that because pre-existing structures along the Merced River such as bridges, dams and roads are already part of the status quo, the accumulation of baseline data does not assist in the analysis. Further, Defendants argue that while cattle grazing does not carry out any of the goals of WSRA, most of the preexisting Merced River structures are part of the cultural ORV and allow for visitor enjoyment of the Park, which is one of the goals of WSRA. See 16 U.S.C. § 1281(a). Finally, Defendants argue that both cases are also distinguishable in that they involve implementation plans which authorize specific activities, unlike the MRP, which is not an implementation plan. Moving from its discussion as to the established overall requirements for general management plans, Defendants more specifically address the MRP. In response to Plaintiffs’ arguments regarding lack of baseline maps, of natural and cultural resources maps, Defendants provide citations to the record demonstrating that maps were used in the workshops it held on the creation of the MRP, and that a great variety of reference materials were utilized by the NPS planning team, including visitor-use data. AR 6092, 6094, 6124, 6130, 6140, 5429, 5508, 6115, 6117, 6168-70. They also argue that the “highly valued resources” (“HVR”) map used by the Yosemite Valley Plan to assist in land use decisions was used in the MRP to help delineate or adjust zone boundaries. AR 6343, 6349, 6355. Defendants assert that although many of the resources identified in the ORVs are HVRs, not all HVRs are ORVs, because they are not river-related or river-dependent. In response to Plaintiffs’ contention that the lack of baseline data mapping resulted in highly inadequate maps in terms of boundaries, RPO and the size of the natural features included in the maps, Defendants opine that this accusation stems from a misunderstanding of the application of the river corridor boundaries. They argue correctly that the river corridor boundaries are defined in the MRP, which provides as follows at 35: The Merced Wild and Scenic River boundaries are illustrated in figure 1. With the exception of the El Portal Administrative Site, the boundary is defined as one-quarter mile from ordinary high water (as defined by the U.S. Army Corps of Engineers in 33 CFR Section 328.3; see Glossary, Appendix C) for the length of the Merced River within Yo-Semite National Park. In El Portal, the boundary is defined by the 100-year floodplain of the extent of the River Protection Overlay, whichever is greater, plus adjacent wetlands and meadows. In response to Plaintiffs’ argument that the record does not contain current surveys specifically conducted to document the status of rare, threatened or even common species, Defendants argue first that it intends to protect and enhance habitat for all river-related and river-dependant species, including special status species. They cite the portions of the MRP which set out the criteria and considerations which will be used to evaluate all proposed actions, and which define the outstandingly remarkable values for all segments of the Merced River. MRP 32, 45-47. Defendants correctly assert that the biological ORVs describe outstandingly remarkable biotic communities in each segment, and then list examples of special status species found in each segment. They claim that all river-related or river-dependent special status species are included as ORVs. MRP 45^47. In response to Plaintiffs’ contention that the wetland mapping was not adequate to identify all wetlands, Defendants arg-ue that by broadly establishing wetlands as an ORV, it recognized all wetlands are biological ORVs and are to be protected and enhanced. In summary, Plaintiffs present the declarations of their experts, who opine that the NPS did not have sufficient data to address resource protection in a manner consistent with WSRA. Plaintiffs further argue at length that whatever resources the NPS had available in creating the MRP were not adequately utilized. The court finds, after an exhaustive review of the parties’ arguments, supporting declarations and citations to the administrative record, that Plaintiffs have not met their burden of demonstrating that the NPS acting arbitrarily or capriciously in regard to acquiring or using baseline data to support the MRP. See 5 U.S.C. § 706(2)(A). Plaintiffs essentially argue that the NPS should have used another format for the MRP, based on much more detailed data than was available to the NPS in this case. However, this court may not substitute its judgment for that of the NPS. See Marsh v. Oregon Natural Resources Council, 490 U.S. at 376. ■ Under the highly deferential standard which presumes an agency action to be valid, the court finds that there was a reasonable basis, in'the form of the Director’s Order # 2: Park Planning and the related NPS Planner’s Sourcebook, for the NPS’ decision to draft the MRP as a general management plan. See Independent Acceptance Co., 204 F.3d at 1251. The court further finds that in light of the undisputed nature of general management plans as “conceptual plans that focus on what conditions should be achieved and maintained in parts—with little or no detail about specific actions,” Isle Royale Boaters Association, 154 F.Supp.2d at 1128, the NPS did not act arbitrarily or capriciously in creating the MRP using the baseline data that it did. The court notes in particular that the detailed baseline data which Plaintiffs insist the NPS should have gathered might well have become obsolete before any site specific project is proposed. The court therefore finds for Defendants on this issue. OUTSTANDINGLY REMARKABLE VALUES Plaintiffs contend that the NPS acted arbitrarily by eliminating previously identified ORVs and adding new, inappropriate ORVs in the Merced River Plan. Defendants correctly state that although WSRA specifies that ORVs are central to both eligibility and management, it does not define the term “outstandingly remarkable value.” Defendants explain that guidance to the meaning of the term is provided in the December 1999 Technical Report “The Wild and Scenic River Study Process,” issued by the Interagency Council (“the Study Process Report”). The Study Process Report states: In order to be assessed as outstandingly remarkable, a river-related value must be a unique, rare or exemplary feature that is significant at a comparative regional or national scale. Dictionary definitions of the words “unique” and “rare” indicate that such a value would be one that is a conspicuous example from among a number of similar values that are themselves uncommon or extraordinary. One possible procedure would be to list all of the river’s special values and then assess whether they are unique, rare or exemplary within the state, physiographic province, ecoregion, or the other area of comparison. Only one such value is needed for eligibility. AR 11259P. The Study Process Report further provides: While the spectrum of resources that may be considered is broad, all values should be directly river-related. That is, they should: 1) Be located in the river or on its immediate shorelands (generally within 1/4 mile on either side of the river); 2) Contribute substantially to the functioning of the river ecosystem; and/or 3) Owe their location or existence to the presence of the river. AR 11259Q. The court finds that Plaintiffs fail to demonstrate anything arbitrary or capricious in the NPS decision to adopt these standards set forth in the Study Process Report. The NPS included descriptions of the river segments, their classifications as wild, scenic or recreational, and the ORVs for each segment in the Draft EIS for the Yosemite Housing Plan which was released in 1996 as a supplement to Yosemite National Park’s General Management Plan (“GMP”). Plaintiffs assert that in the precursor case of Sierra Club v. Babbitt, 69 F.Supp.2d at 1249, “[t]his Court found that the Draft Yosemite Housing Plan sufficed as compliance with 16 U.S.C. 127(d)(1).” This is inaccurate. What the court found was that the defendants were in compliance with 16 U.S.C. 1274(b) and (c) because the elements required under those sections of the statute were incorporated into the Draft EIS for the Yosemite Housing Plan. The elements of these sections concern establishing boundaries and providing maps and descriptions of the classifications of designated river segments for public notice and inspection. They do not concern the identification of ORVs. Thus, the court’s finding that the defendants were in compliance with 16 U.S.C. 1274(b) and (c) had nothing to do with ORVs, and does not, contrary to Plaintiffs’ implication, amount to any type of judicial affirmation of the ORVs identified in the Draft Yosemite Housing Plan in 1996. Scientific Resources Plaintiffs contend that the NPS has eliminated the scientific resource ORV everywhere but in wilderness areas. Plaintiffs argue that in 1996, the NPS identified a scientific ORV for the entire Merced River, defining the scientific ORV of the main stem of the Merced River as, “Scientific (entire river) — The river, including the adjacent land area, is a significant scientific resource; it is a watershed entirely within wilderness or Yosemite National Park, invaluable for baseline scientific studies.” AR 05529. Now, in the MRP, the scientific ORV of the main stem of the Merced River is defined in Table 2 as, “Scientific — These segments of the river corridor constitute a highly significant scientific resource because the river watershed is largely designated Wilderness in Yosemite National Park.” MRP, 45. Plaintiffs argue that the Merced River Plan therefore restrict the scientific ORV to Yosemite wilderness. This argument is meritless. The “segments” referred to in Table 2 of the Merced River Plan as possessing the scientific ORV are identified as: (1) wilderness; (2) valley; (3a) impoundment; (3b) gorge; and (4) El Portal. It is therefore clear from Table 2 that the scientific ORV applies to all portions of the main stem of the Merced River, not just the wilderness segment. The court concludes, therefore, that Plaintiffs have not shown arbitrary or capricious decision-making by the NPS in regard to the scientific ORV. Air quality Plaintiffs contend that the NPS acted arbitrarily and capriciously in eliminating air quality as an ORV throughout the Merced River corridor, correctly arguing that air quality was identified as an ORV in the 1996 Draft Yosemite Valley Housing Plan for every segment of the Merced River except El Portal. Defendants contend generally that the NPS considered air quality in light of the standards and guidance for determining ORVs and made a well-reasoned decision to drop air quality as an ORV. Defendants make three supporting arguments, the first of which is that air quality is not listed among the categories of possible outstandingly remarkable values in Section 1271(b) or in any other provision of WSRA. Second, Defendants argue that it cannot be said that air quality in the area of the Merced River is rare, unique or exemplary or directly river-related within the meaning of those terms as used in the Study Process Report. They claim that the overall quality of the air in any river corridor is a product of conditions within a much larger area. The Merced River in the Yosemite area is located within two air basins, the Mountain Counties Air Basin and the San Joaquin Valley Air Basin. AR 1845, 4581. Defendants argue that Yosemite’s air quality is significantly affect by upwind sources, relying on the following statement by the California Environmental Protection Agency: “[T]he California Environment Protection Agency concluded that all of the ozone' exceedences in 1995 in the southern portion of the Mountain Counties air basin (i.e. Tuolomne and Mariposa Counties) were caused by transport of ozone and ozone precursors from San Joaquin Air Basin.” AR 1843. They argue that Yosemite is in non-attainment status for ozone and PM10 standards. AR 1847, 4583. Third, Defendants argues that air quality was not listed as an ORV for any part of the Merced River in the Sierra National Forest Draft Forest Land and Resource Management Plan, the eligibility study issued in 1986. AR 7639-7642. They also argue that neither the United States Forest Service (“USFS”) or the BLM have identified air quality as an ORV for the portions of the Merced River or South Fork Merced River which they administer. Subsequent planning efforts by the USFS and BLM state that ORVs were previously identified in the 1986 eligibility study. AR 20802, 20918. Finally, Defendants argue that the fact that Yosemite is designated a Class-I airshed has no bearing on whether it is appropriate for air .quality to be designated an ORV under WSRA. A. “class-I” designation is not a qualitative evaluation of air quality. Rather, all national parks of a certain size are designated class-I areas re