Beach Access Issues
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National Park Service weekly resource management summary

This report is issued each week by the National Park Service during the nesting and pre-nesting season. It details the observations of the park’s staff about the bird and turtle nesting activity on the seashore beaches, including Bodie Island, Hatteras, and Ocracoke. It also includes other field observations, such as turtle strandings, and a summary of violations of closures that have been issued for the week.  
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Park Service closes more of the South Beach near Cape Point

The National Park Service today closed more of the South Beach near Cape Point to ORVs and pedestrians. The closure is more bad news for surf fishermen since it comes at the height of the spring fishing season and for beachcombers and other recreational users of the seashore’s beaches. It also has business owners worried about economic fallout and some visitors deciding whether or not to continue to vacation on Hatteras and Ocracoke.  
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National Park Service weekly beach access report

This report is issued each week by the National Park Service during the nesting and pre-nesting season for shorebirds and turtles. It details which areas of the beach are closed to ORVs and pedestrians to protect natural resources in the park.  It also includes areas of the beach that are off limits to ORVs because of safety concerns or seasonal closures in front of the villages.  
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Three popular areas closed to ORVs under consent decree

The National Park Service today closed down three popular areas on the Cape Hatteras National Seashore to off-road vehicles. They are the first major closures under the terms of a consent decree that was signed last week by U.S. District Court Judge Terrence W. Boyle and that ended a contentious legal battle over ORV access on the seashore.
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Seashore leader files information on the eve of hearing

Federal attorneys filed a “declaration” by Cape Hatteras National Seashore Superintendent Mike Murray late today in U.S. District Court in Raleigh on the eve of a hearing on the contentious issue of ORV access at the Cape Hatteras National Seashore.  In it, he says ORV access will be “significantly reduced” under a proposed consent decree
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National Park Service responds to judge’s second round of questions

In their response to questions from a federal judge today, the attorneys for the National Park Service said that additional resources to implement the consent order are “feasible,” that public access to parking is a more significant factor than alternative transportation to the beach, that there are no plans for a public comment period on the consent decree.  
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A flurry of activity today in ORV lawsuit case in federal court

The federal courthouse in Raleigh was busy today with numerous filings in the continued legal wrangling over ORV use at the Cape Hatteras National Seashore.  
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Judge in ORV lawsuit orders more information from Park Service…UPDATED

U.S. District Court Judge Terrence W. Boyle has ordered the National Park Service to provide more information before he approves the settlement of the legal action over off-road vehicle use on the Cape Hatteras National Seashore.  However, he cancelled a meeting with the National Park Service that had been scheduled for Monday, April 21.     
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Guest Column….ORV rulemaking was out of public sight, but the settlement is very visible


This settlement is an environmental regulation ordered by the court without public review and comment, with no consideration of economic impact and with no hard look at the scientific basis for numerous technically related requirements found in the document.  Yet, this agreement will significantly change our way of life and access to the seashore. 
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Reaction to ORV settlement is varied

Reaction to the proposed settlement of the lawsuit challenging the National Park Service’s interim protected species plan has been varied.  
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ORV access supporters are raising funds for legal fees

Supporters of ORV access to the Cape Hatteras National Seashore have revved up their efforts to raise funds to fight a lawsuit by environmental groups against the National Park Service that threatens to curtail access to popular recreational beaches.  
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NC State study links beach driving to oystercatcher mortality

According to a media release from the Southern Environmental Law Center, a recent study by members of the zoology department at North Carolina State University shows a direct correlation between beach driving and mortality rates of American oystercathers, a species of shorebird that nests on the Cape Hatteras National Seashore. See the press release and read the NC state study.  
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Transcript of April 4 meeting in Boyle’s courtroom now available

If you couldn’t make it to Raleigh last Friday, April 4, for a meeting in the courtroom of U.S. District Court Judge Terrence Boyle in the case  of a lawsuit over the future of beach driving on the Cape Hatteras National Seashore, you can now read it all here on The Island Free Press.  
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Surfers weigh in on threatened beach closures

Many people have rallied to protest the potential closure of popular portions of Cape Hatteras National Seashore to ORV use, and surfers have been no exception.  They have been fighting behind the lines.  
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More than 600 turn out to hear about looming threat to beach access

The Fessenden Center gym was packed on Thursday night, March 27, with islanders, property owners, and visitors who want information on a request by environmental groups to ban popular areas of The Cape Hatteras National Seashore to off-road vehicles.  
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New Web site focuses on Hatteras and Ocracoke beach access

A new Web site aims to spread the word about threats to beach access and give concerned citizens a way to voice their opinions to decision makers via a PleaCast.  
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Guest Column…Rob Alderman, the “general” of the Hatteras Island Fishing Militia, rallies the troops

Rob Alderman, the creator of the Hatteras Island Fishing Militia Web site and the “Outer Banks Angler” on cable television and the organizer of the celebration of beach access rally on March 22, gives The Island Free Press its first video guest column. It’s an unusual presentation, but then we are an Internet newspaper.

The video is a commentary entitled “Please help us,” and Alderman says it is a continuation of the fight against special interest groups, such as Defenders of Wildlife, the National Audubon Society, and the Southern Environmental Law Center, all of whom want to curtail ORV access to the Cape Hatteras National Seashore beaches.  In a lawsuit, the groups filed last October, they claimed that the National Park Service was not adequately protecting shorebirds, including the threatened piping plover, and that ORV use on seashore beaches is illegal.

To see Alderman’s video guest column:

http://www.youtube.com/watch?v=AGu1x7IsyUs




A roundup of filings, motions, and memoranda in the lawsuit

All the legal maneuvering you could possibly want to read in the lawsuit by the environmental groups against the National Park Service over natural resource protection and ORV issues.  
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PLEASE HELP US!!!  A message in the sand is a plea for continued beach access

Rob Alderman, the general of the Hatteras Island Fishing Militia Web site, stood on Cape Point this bright March morning.  The sunshine reflected off his shaved head, as he looked out over the crowd that had assembled.

“Don’t you just love it when a plan comes together?” he asked.

The plan was to gather vehicles and people at the Point, the most famous fishing spot on the East Coast, for a celebration of beach access.

About 600 vehicles and some 1,500 people showed up for the event.  
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What Island Free Press readers say about beach access issues

Scores of Island Free Press readers have shared their views on the ongoing issue of ORV access to our beaches.  They are sometimes thoughtful and sometimes nostalgic but always interesting and emotional. 
....Read Letters to the editor


The fox on the beach: More public comment

Rob Alderman of Buxton, who runs the Web site Hatteras Island Fishing Militia and also produces and stars in a cable television show, “The Outer Banks Angler,” spoke during public comment sessions at both days of the March negotiated rulemaking session in Avon. However, it was on the second day – Wednesday, March 19 – that he really got the attention of the committee members and islanders who were there to listen to comments. 
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Commissioner Judge challenges groups to drop the lawsuit and negotiate

Warren Judge, chairman of the Dare County Board of Commissioners, asked environmental groups that are suing the National Park Service and others over ORV use on the Cape Hatteras National Seashore to drop the lawsuits and negotiate a solution to the access issues.  
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Islanders have lots to say to negotiated rulemaking committee members

About a dozen islanders spoke during the public comment sessions of the negotiated rulemaking committee meeting in Avon on Tuesday and Wednesday, March 18 and 19.

They were straight talking, sometimes emotional, and minced no words as they addressed the 30 members of the group that will develop a long-term plan to regulate off-road vehicles on the Cape Hatteras National Seashore. Several spoke at the sessions both days.  
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Threat of beach closures hangs over negotiated rulemaking meeting

The committee charged with negotiating a long-term rule on off-road vehicle use on Cape Hatteras National Seashore beaches had its third meeting in Avon on Tuesday and Wednesday, March 18 and 19.  And the request for a temporary injunction to ban driving on popular parts of the beach by environmental groups with members on the committee was the elephant in the room.

The threat of the injunction was discussed by many of the 30 committee members during breaks, came up during official committee discussions, and dominated the sometimes very emotional public comment periods both days.  
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Attorneys for Dare, Hyde, and CHAPA weigh in on injunction request

The attorneys for Dare and Hyde counties and the Cape Hatteras Access Preservation Alliance (CHAPA) have filed an aggressive response to a request by environmental groups to close popular areas of the seashore beaches to off-road vehicles while negotiating continues for a long-term plan to regulate ORV access.

The response concludes that the environmental groups have not met the tests for the “extraordinary remedy” of an injunction to close beaches.

The response was filed on Friday, March 14, in U.S. District Court for the Eastern District of North Carolina, the same day that federal attorneys filed their response for the National Park Service and other federal defendants.

However, the difference in the two responses is the difference between night and day.  
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Park Service responds to request for injunction to close beaches

The National Park Service today responded in U.S. District Court for the Eastern District of North Carolina to a request by environmental groups to close popular areas of the seashore beaches to off-road vehicles while negotiating continues for a long-term plan to regulate ORV access.

“Federal Defendants do not dispute that....ORV use is unauthorized at the seashore in the absence of a special regulation designating ORV routes and areas,” according to the response filed by federal attorneys.
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Several hundred people gather at Cape Point to celebrate beach access


The weather was not pretty today on Hatteras Island, but there were about 200 people and 100 or so vehicles at Cape Point – not to fish or surf or kiteboard but to celebrate their access to this beach, the most popular on Hatteras Islandn.  
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Read a transcript of Judge Terrence Boyle’s scheduling conference on ORV issues

U.S. District Court Judge Terrence Boyle met with attorneys for all sides in a lawsuit over the National Park Service’s interim protected species plan in his Raleigh courtroom on Friday, Feb. 22.  The meeting was a scheduling conference on the October lawsuit by environmental groups and had been planned before a Feb. 20 request by the groups for a preliminary injunction to ban ORV use on popular seashore beaches until the lawsuit is settled. Both issues are discussed in the transcript.
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Many on Outer Banks fear possibility of a ban on off-road vehicles


When it’s quitting time on many Friday afternoons at Chris Wilson's job, he dashes to his Virginia Beach home, fetches his wife, jumps in his truck and high-tails it down to the Outer Banks to surf-fish at Cape Point. "We're down there by 5, 6 o'clock," said Wilson, a groundskeeper at the Princess Anne Athletic Complex. "We set up for the weekend and we have a good ol' time."

An article by Catherine Kozak for The Virginian-Pilot.

http://hamptonroads.com/2008/03/many-outer-banks-fear-possibility-ban-offroad-vehicles



Groups call for change in beach driving plan

Two environmental groups asked a federal judge on Wednesday to throw out parts of an interim off-road vehicle management plan in Cape Hatteras National Seashore and replace them with more restrictive measures.

The Southern Environmental Law Center, representing the Defenders of Wildlife and the National Audubon Society, filed a request for a preliminary injunction against beach driving at the most sensitive bird nesting areas on Hatteras and Ocracoke islands.

By Catherine Kozak in The Virginian-Pilot:
http://hamptonroads.com/2008/02/groups-call-change-hatteras-beach-driving-plan



Federal judge asked to restrict driving to save breeding season on Hatteras

Conservationists are asking a federal judge to suspend beach driving on portions of the Cape Hatteras National Seashore that have been identified as being most critical to threatened and endangered shorebirds in order to protect them before the upcoming breeding season begins. The Southern Environmental Law Center, representing Defenders of Wildlife and the National Audubon Society, filed for a preliminary injunction in U.S. District Court requesting that beach driving be halted along approximately 12 percent of the shoreline to allow birds to nest and raise chicks. The requested closures were recommended by the Park Service's own scientists and are vital to a successful breeding season in 2008.

http://www.southernenvironment.org/newsroom/2008/02-20_hatteras_prelimin.htm


To Read the Plaintiff's Motion For Preliminary Injuction, click here::
02.20.08-MotionForPreliminaryInjunction.pdf


To read the memorandum of law in support of plaintiffs' motion for a preliminary injunction, go to:  http://www.southernenvironment.org/lawlibrary/coast/2008-02-20_hatteras_prelim_injunction.pdf



Beach driving crisis and how we got here

A federal judge’s order in July escalated the debate about ORV use on the Cape Hatteras National Seashore.  Read about what happened in July and how we got to this point in the contentious issue.   Read more....







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