Environmentalists cheer plover decision in N.C.

THE OUTER BANKS

Environmental groups are lauding a federal judge's ruling that essentially dismisses the concerns a Cape Hatteras citizens group brought in a 2009 lawsuit over federal regulation of the piping plover shorebird.

In his 34-page ruling issued Tuesday, Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia wrote that the U.S. Fish and Wildlife Service has acted properly in managing the North Carolina coastline and implement ing access restrictions that seek to protect the plover, a protected species. Lamberth denied the group's motion for summary judgment.

"Simply put, the Service identified a rational connection between the facts found and the choices it made."

The Cape Hatteras Access Preservation Alliance, or CHAPA, could appeal the ruling, though group President John Couch said no decision has been made. "We still probably need to digest exactly what the judge was saying," he said.

Dare County Board of Commissioners Chairman Warren Judge said "disappointed" was too mild a word to describe his reaction. Dare and Hyde counties had joined the suit.

"This is going to give U.S. Fish and Wildlife the biggest green light to absolutely close everything down," Judge said.

The Defenders of Wildlife, which joined the government as a defendant-intervenor in the case, called Lamberth's ruling a victory. The group's attorney, Jason Rylander, said the ruling essentially dismisses the bulk of CHAPA's argument.

"I think this case is over," Rylander said.

At the center of the issue is the piping plover. The species spends about 10 months of the year nesting and roosting on the North Carolina coast.

In an effort to protect the birds and their habitat, the Fish and Wildlife Service may restrict off-road vehicle and pedestrian access to parts of the beach, including sections of the Cape Hatteras National Seashore and Ocracoke Island. The authority to establish critical habitat designations is supported by the Endangered Species Act and the National Environmental Policy Act.

Couch said CHAPA supporters are fearful, however, of the agency's power to restrict beach access "at their whim."

" Whatever they decide, we have to go ahead and accept," he said, adding that the Cape Hatteras National Seashore was established as a public recreation area.

Couch said beach-access proponents are not opposed to conservation - in fact, they support it - but restrictions must be reasonable. "What we can agree on is that nesting birds need protection," he said. "Where we disagree is what is reasonable. "

The group also alleges beach restrictions pose economic hardship for communities and businesses that rely on tourism, Couch said.

In his ruling, Lamberth wrote that the Fish and Wildlife Service adequately considered economic impacts in designating critical habitat.

Erin James, (252) 441-1711, erin.james@pilotonline.com
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