Target: Defending the Colorado RiverThe segment of the Colorado River that flows through Grand Canyon National Park is currently managed in a way that unacceptably favors commercial interests over the public. To protect the river for future generations, we have sued the National Park Service to modify the Management Plan, restore natural flows to the River, eliminate motorized transport, and equalize access to the river that does not favor commercial interests over others.
| Colorado River Management Plan |
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Issue:
Background:
RtE Position: Alternatives that should have been considered include: a restoration of natural flows to the Colorado River; the elimination of motorized river transport on the Colorado River (except as is necessary for park and river management); and the equalization of access to the river that does not favor commercial interests over others. This position is based on a wealth of data, including past GCNP and CRMP EISs and RODs, as well as scientific, technical and anecdotal data, observations and reports, indicating that the current CRMP adversely impacts endangered species and wildlife, diminishes visitors' experiences, and results in inequitable access to the river. These adverse impacts are due in part to: (1) the way water flow is regulated at the Glen Canyon Dam; (2) allowing the use of motorized river transport; and (3) a disparate system favoring those who can afford to pay commercial river trip guides over individuals and other non-commercial interests. NPS mandates, as set by U.S. law, NPS guidance documents, and NPS management policy that directs NPS decisions and activity, support our position that natural flows need to be restored to the Colorado River and that motorized river transport needs to be eliminated, in order to stop any further impairment to both the Colorado River and Grand Canyon National Park.
Update: On March 28, 2006, Rock the Earth along with a coalition of wilderness advocate groups including River Runners for Wilderness, Living Rivers and Wilderness, challenged the ROD in the Federal District Court of Arizona. The primary purpose of the litigation will be to force the NPS to honor the wilderness characteristics of the River by eliminating motorized transport and equalize usage of the River between private concessionaires and the public do-it-yourself boaters. On November 26, 2007, US District Court Judge David G. Campbell handed opponents of the 2006 Colorado River Management Plan a setback. In a 32-page opinion, Judge Campbell dismissed challenges by Rock the Earth, River Runners for Wilderness, Living Rivers and Wilderness Watch, to the plan to regulate the public and commercial use of the stretch of the Colorado River through Grand Canyon National Park. Intervening in the case on the side of the Park Service were the Grand Canyon Private Boaters Association and the Grand Canyon River Outfitters Association. Ignoring regulatory and Park Service policy guidelines to the contrary, Judge Campbell dismissed the claims by the Plaintiffs to remove motorized boats from the river, despite the fact that the Park Service had, for over 20 years, recommended that the river corridor be declared Wilderness and motors be removed, as well as the fact that the vast majority of comments to the plan favored the same. Theorizing that overflights and other motorized activities outside of the scope of the Plan would still impact the natural soundscapes within the River corridor, Judge Campbell accepted the Park Service and Intervenors’ arguments that the removal of motors would not result in greater protection for the Canyon’s treasured natural quiet. With regard to allocation of public permits to raft the River, the Judge also held that the Park Service had conducted a thorough review and properly allocated permits to the public and private concessionaires alike, despite the fact that during the summer months, private concession-led excursions outnumber public permits six to one! Without any statistical or survey information, the Judge accepted the Park Service and Intervenors’ anecdotal evidence that public boaters seeking permits would rather take their trips in the winter months. On January 11, 2008, Rock the Earth and its Plaintiff Partners appealed the District Court Decision to the 9th Circuit Court of Appeals. On July 21, 2009, the 9th Circuit affirmed the District Court opinion without any analysis or additional review. On Sept. 3, 2009, RtE and it's Plaintiff Partners petitioned the 9th Circuit for a rehearing en banc.
This project was made possible with grants from the Rex Foundation, the Fund for Wild Nature, and the Martin Foundation . Links:
CRMP Answer -- Answer by NPS, filed June 8, 2006 RtE Press Release dated March 28, 2006 RtE Summary Judgment Statement of Material Facts dated May 25, 2007 RtE Memorandum in Support of Motion for Summary Judgement dated May 25, 2007
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