RALEIGH
U.S. District Court Judge Terrence Boyle declined to issue a preliminary injunction Friday that would have stopped beach driving on favorite beaches in Cape Hatteras National Seashore.
Instead, he was persuaded to give more time for an agreement to be worked out between two environmental groups and the National Park Service.
With the courtroom filled with supporters of off-road vehicle access on the seashore, the judge said that the plaintiffs - the National Audubon Society and Defenders of Wildlife - have a "compelling case" for closing the beaches before the bird nesting season starts.
Lora Taylor, an attorney with the U.S. Department of Justice, told Boyle that the proposed agreement would recognize the need to balance protection of the seashore's resources with the public's right to reasonable access.
In his questions to Taylor about the beaches, it was clear that Boyle was familiar with the areas that the plaintiffs say need to be closed: Bodie Island Spit, Cape Point, South Beach Hatteras Island Spit and the south and north points of Ocracoke.
"The experience on Hatteras Island in access and use is different than the experience on Bodie Island," he said. "And how you may respond to the flats in Oregon Inlet may be radically different than how you may respond to Ocracoke."
The environmental groups contend that the seashore is in violation of a 1972 executive order that mandated establishment of an ORV management plan. And, the groups say, the interim beach driving plan that was implemented in July provides inadequate protection for vulnerable shorebirds.
In its response to the injunction request, the Park Service had conceded that it was in violation of the law. But defendant intervenors, Dare and Hyde counties and the Cape Hatteras Access Preservation Alliance, argued that it is critical to the economy and lifestyle of the Outer Banks that beach access is maintained while work on a long-term plan continues.
Boyle acknowledged the importance of beach driving to the residents of the Outer Banks.
"I'm not sure all persons should be treated equally," he said. "It may be that some persons, because of their proximity and use, need to be treated differently."
Attorneys for the intervenors asked the judge to ensure that they will have a place at the table in discussions about a proposed agreement.
Cate Kozak, (252) 441-1711, cate.kozak@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
Defend Wildlife Be An American
If it were the fish in need of help, the sport fishermen would understand, but because it is other wildlife in need of defense, only a select few care, like the Defenders of Wildlife. Becasue these few are not concerned about money or sport, they are keeping the main attraction Alive. Tourists/People truely care about LIFE, seeing animals Alive, not dieing or in none exsistance. If you're like the aerial hunters in Alaska who can't even make a clean kill, and masacare Wolves and their families, then you need to go live where their state allows such cruelty. You should be proud to live where our state has enough sense to Not erradicate any animal. Although it's an embarrasment to be a North Carolinian (Va. your wrong too) at such a time as this, where a state votes for a person who shouldn't even be a candidate, in any capacity, who Refuses to Pledge Allegience to Our Flag of the United States of America, One Nation Under GOD,... if you voted or vote for HUSSEIN Obama, no wonder why you're complaining about what's right...you shouldn't even call yourself an American, becasue if you were, you'd be Defending what's right, but just like most Aliens or those who claim to be a U.S.Citize
Cap Hatteras Beach Access
I am an environmentalist and Hatteras property owner who believes beach driving should be allowed on the Cape as it has been. Re: birds, a study showed beach driving did not affect the flock - natural predators, weather and other things did. Re: bad drivers, better enforcement of DUI laws and speeding on the beach remedies those problems. Re: economy, kill beach driving and you kill the Cape's economy. Cars and these beaches have co-existed well for years. The new "problem" is a critical technicality (fault of the government who "lost" the original agreement) for which closure is not the solution. How many ways can you say "this is wrong"?
I just don't see the need for compromise.
I well remember the term "adaptability" from science class. The birds will adapt to another environment if they don't like being around the beach folks.
From some comments I have read hear, it sounds like Mr. Carter and Judge Boyle have had conversations about birds before. As long as the birds aren't hurting the people I don't think we have a problem.
Compromise is all I can ask for
I would much rather continue sharing these beaches with the wildlife than lose our freedom to drive on them all together. There's plenty of space to give the birds the room that they need and still have an adequate amount for ORV's. I'm glad at least that the judge is giving both parties an opportunity to compromise. I would hope that he (the judge) is taking into consideration the impact that this would have on the local economy in the Outer Banks.
ownership
I believe that the land in question is owned by the National Park Service which means it is owned by all tax paying residents of the USA. You, me and the evil Environmentalists.
Truly Astonishing!
It amazes me that environmentalists among others, continue to "feel" they have this non-existant legal "right" to assert claims and demands upon property they DO NOT OWN and these courts of law that prolong their "hope and change" mindset, refusing to throw these cases out on the first day. The first question for a judge is- who holds title. Next they'll want to ban parking, camping, and racing around our nations' major motorspeedways because their man-made sprawling open spaces are now "perceived" to be a haven for shorebirds and wildlife 50 weeks out of the year. Capitalism defined in other terms is, proving to the world that you own something. They own nothing.
Compromise is good
The judge's response points in the right direction. The conservation groups didn't ask for a wholesale closure, just specific areas totaling 12.9 miles. Let's share the beach.
Again
I say that the Dare and Hyde County Commisiononers place billboards on roads entering the County stating that members of the defenders of wildlife and the audubon socitiy are not welcome here.
By the way I see that our DO NOTHING Gov. Easley is still a NO SHOW. What a piece of junk he is! Thank you democrats for giving us lump of clay!