Judge Boyle is still with us and gets an invitation to stay
Thursday 05 July 2012 at 4:38 pm.U.S. District Court Judge Terrence Boyle is still with us, and we’ll find out later this month if he will continue to be with us going forward with litigation against the Park Service’s final ORV regulation.
Boyle has set another status conference on a 2008 consent decree that settled a lawsuit against the Park Service by environmental groups for Friday, July 27, at 11 a.m. in the federal courthouse in Raleigh.
However, the question remains in some legal minds whether or not there still is a consent decree.
Boyle’s last status conference was Feb. 24, at which time he decided to keep the consent decree in place and meet with the parties to the lawsuit again in 120 days.
The consent decree was the resolution of a lawsuit filed in October, 2007 by the Defenders of Wildlife and the National Audubon Society, represented by the Southern Environmental Law Center, against the National Park Service for its lack of an off-road vehicle regulation on the Cape Hatteras National Seashore. The groups complained that there were not adequate protections in place for nesting birds and turtles on the seashore.
Boyle allowed the Cape Hatteras Preservation Alliance and Dare and Hyde counties to enter that lawsuit as defendant-intervenors on the side of the National Park Service.
All parties settled the case in April, 2008, with a consent decree that put in place much more restrictive regulations for access to the seashore beaches and much larger buffers for nesting birds and chicks that have closed down large areas of the seashore beach from spring into summer.
Boyle had regular status conferences over four years to check on the progress of the consent decree and the Park Service’s ORV rulemaking.
The consent decree was to expire when the Park Service enacted a final off-road vehicle special regulation, which it did on Feb. 15.
However, on Feb. 9, CHAPA filed a lawsuit against the National Park Service and other defendants to overturn the rule. This time Defenders, Audubon, and the National Parks Conservation Association, again represented by SELC, were allowed as defendant-intervenors.
The CHAPA lawsuit was filed in U.S. District Court in the District of Columbia and assigned to Judge Emmet Sullivan.
At Boyle’s Feb. 24 conference, he decided to keep the consent decree in place while he and the parties monitored the progress of the CHAPA action to overturn the final rule.
Last month, Assistant U.S. Attorney Rudy Renfer filed a notice of status and suggestion to continue monitoring the CHAPA lawsuit in Boyle’s court.
Renfer notified Boyle of action in the CHAPA case. The parties in that case filed a meet and confer report on May 31. They agreed to file another status report on the progress of compiling the administrative record of the NPS rulemaking on July 9.
Sullivan scheduled a status conference in that case for Thursday, July 26, in Washington, D.C. – the day before Boyle scheduled his conference.
Interesting timing. Maybe Judge Boyle is waiting to see what Judge Sullivan is up to?
Renfer notes in his filing that the final regulations are in place on the seashore and have not been restrained or enjoined.
Then he suggests Boyle continue to monitor the D.C. litigation.
Renfer also notes that the interveners “do not agree” and that plaintiffs do not take a position on his suggestion.
Bobby Outten, Dare County manager and attorney, said earlier this week, “We didn’t agree. We’re not agreeing to anything because they (the environmental groups) keep throwing it back at us that we agreed to the consent decree.”
Outten also noted that the lawyers for CHAPA in its lawsuit strongly believe that the consent decree is gone because the final rules are in place.
Boyle doesn’t seem in any hurry to give up his judicial oversight of the seashore’s management, and, in fact, the environmental groups have suggested in their filings in the CHAPA lawsuit that the two actions should be combined in Boyle’s court.
And it’s no secret that advocates for more reasonable beach access wish Boyle would just go away and butt out of the current litigation.
But, until Boyle gives up on overseeing the consent decree, which may or may not still be in force, we will have two different courts and two judges involved in deciding the management of the seashore.
22 comments
Irene – What is the purpose of the status conference Judge Boyle will hold on July 27, at 11 a.m. in the federal courthouse in Raleigh? Who will attend the conference is why is he holding it?
ksw4obx - 05-07-’12 18:05
We were heading south on Rt 12 to visit relatives in Ocracoke for July 4 and we all noticed that all the ramps were closed except for ramp 30. Ramp 30 you could not pull over and stretch if you liked and all the other ramp lots were totally empty, I could not figure this out. Today we were heading back and we stopped off at ramp 30. The orv route was closed so we walked the boardwalk out to the dunes. I was so shaken, it was like I had travelled to another country. Dead ahead of us were posts with signs attached running all the way to the ocean. 100 ft to the left was more posts with signs saying you can not walk this direction, 100ft to the right there were more posts with signs saying you may not walk here. You could not see another soul in site in either direction. I have been coming here for a lot of years and never have I seen anything to compare to this….I cried
Bill - 05-07-’12 21:27
The judge is completely out of touch with the general public. It sickened me to see him in court laughing with Derb before one of the hearings. He needs to resign.
Mike M. - 06-07-’12 07:15
Judge Boyle is just trying to make a name for himself. He’s frustrated because he never made it to the Court of Appeals in Richmond and was stuck handling traffic cases for the seashore. He saw an opportunity to make himself important, he took it, and continues to ride it to the end to make himself feel like more than a traffic courte judge.
Jeff - 06-07-’12 07:41
Simply put he did what he knows “Controlling Traffic” I really cannot put into words my real feelings on The Boyle other than to say good job meter maid.
samsdad1 - 06-07-’12 10:09
We live in a “post Constitutional” America. Those who want a “living and breathing” Constitution (which means no constitution), are getting their way. That means no rule of reliable law. Would you like driving where there are “living and breathing speed limits” so you could get pulled over at any time? Of course not.
The judge is not supposed to decide when the decree is over, it’s stated in the decree! But in a post constitutional world these rulers can do whatever they want. This county is in a rapid slide into tyranny and the people need to recognize it.
Denny in Dayton - 06-07-’12 19:54
Judge Boyle should be gone. No way I cannot believe that he is, at worst, in the pocket of special interests or, at best, enjoys lining the pockets of his fraternity brothers via these enviro suit scams.
He is a perfect example of a shortcoming in our legal system.
Al Adam - 06-07-’12 20:09
Boyle and Chief Justice Roberts…birds of a feather well you know the rest.
Freedoms be taken by the government
This Judge is using us, as a way to get his vote to Washington..he has been waiting 15 years…thats all.. look at his profile..His wife has recieved awards from enviro. groups..so do the math..He has a very nasty history..against a lot of people..and he is a Judge??
pat avon - 07-07-’12 08:56
He is just like the rest of the gang that has closed your National Park. They are all greedy lawyers that have paid the media to print their lies and fool everyone that lives elsewhere. However, they all have mirrors…time will find them soon.
Stacy - 10-07-’12 08:33
How can a Judge born in New Jersey have any idea what is right and what is wrong when deciding the fate of the residents in the outer Banks of North Carolina? He is destroying our ability to earn a living and ruining the vacation of thousands of citizens who are forced to abide by a never ending asinine set of rules that were forced upon us by well healed special interest groups. It makes my blood boil every time I am reminded of what can happen when we get bullied by special interest groups who have zero compassion for their fellow man and are more concerned about a supposed endangered bird that are considered a nuisance in England because they are so plentiful. Wake up America.
Anon - 10-07-’12 18:01
Freedom is a gift from God. Rights are given and taken from Man.
This is your new independence day Okies. Security is another word for restriction of freedon.
“The NCDOT Ferry Division will join with the U.S. Department of Homeland Security, U.S. Transportation Security Administration VIPR Team, Dare County Sheriff’s Department, Hyde County Sheriff’s Department, Dare County Emergency Management, U.S. Coast Guard Sector North Carolina and crews of the assigned vessels, to engage in an exercise designed to enhance security at the Hatteras ferry terminal and south dock ferry terminal on the Ocracoke side.”
Yurre - 12-07-’12 07:03
Yurre the “security exercise” is the term for paid vacation by the DHS. I think this exercise is a complete waste of time and money. They could have done this in the off season. There is definitely something fishy about this.
anonymous - 12-07-’12 11:10
Anon,
The parties in the CHAPA lawsuit filed their status report Monday on the progress of compilation of the administrative record.
The federal defendants (DOI,NPS) estimate that the entire record should be ready between mid-August and early September. They agreed to a deadline of Sept. 7 to get the job done.
You can read the status report here:
http://www.islandfreepress.org/2012Archi..
As the blog notes, there will a status hearing in the case in D.C. on Thursday, July 26.
Irene
Irene - 12-07-’12 14:15
After listening to the attorney testify in DC it made me sick. He stated that everyting is OK on HI and that sales of the driving on the beach tax was up. Well from 0 to whatever is up. Business is down. Somebody needs to find old pictures of Oregon Inlet on the 4th before and after. When driving by the camp ground there the night of the 3rd, why was it not full? Looked like it was 1/2 full at best on the busiest week of the year.
beachrx - 13-07-’12 11:03
Until the NPS allows independent observers to watch the bird activity, mainly around the Cape Point area, your beaches will be closed later and later each year. There were several issues in the Park last year where a bio-tec lied and did not admit the truth until the questioning continued. If they are lying, think about what is going on in the courtroom while the judge and Derb are there laughing together beforehand. Private investigators would have a field day if allowed. You Outerbankers and visiting public need to wake up and demand observers!
Jim H. - 13-07-’12 12:45
Ha, wait till next year. This is the first year of the new rules. Never before has so much beach been closed to pedestrians and ORVs.
Of the ramps that are open, are now being over utilized. I can’t find the remote stretch of beach that we used to find. The actual sand ramps are taking a beating since your forced to enter/exit from the same ramp. Once someone gets stuck on a ramp, your stuck too. I witnessed some real close calls where vehicles were backed up onto highway 12 because someone was stuck on the ramp.
It makes me sick to see all these new signs and strings. This is what they call preserving the flora and fauna?
“Until the NPS allows independent observers to watch the bird activity, mainly around the Cape Point area, your beaches will be closed later and later each year. There were several issues in the Park last year where a bio-tec lied and did not admit the truth until the questioning continued.”
would this be DM?
anon - 18-07-’12 15:24
Poor Hatteras. What have they done to you? It is God’s beach..it was God’s beach. It is a tiny bit of area to drive for lots of money and nowhere to go. No more nature rides enjoying what God has made. The few areas where you can drive are parking lots jammed with people. It is horrible. What was a peaceful place has been taken from us. Guess my childrens kids can hear about it in the remember when stories.
SummerGirl - 26-07-’12 21:42
I continue to support your efforts to overturn the NPS and Audubon policy to
Richard Biedenbach - 05-07-’12 17:26greatly restrict OVR for the vacationers visiting OBX. Not just for the visitors, but more important for you that are trying to live and support your families.