BEACH DRIVING UPDATE
March 3rd, 2008
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The environmental groups that have sued the National Park Service over its interim protected species plan at Cape Hatteras National Seashore will ask a federal court judge on Wednesday, Feb. 20, for a temporary injunction to stop beach driving until the lawsuit is settled.
Members of a negotiated rulemaking committee that is working on a long-range plan to regulate ORV use on the seashore got the news Tuesday afternoon in an e-mail from Patrick Field of the Consensus Building Institute, one of the facilitators working with a committee to negotiate a long-range ORV plan.
“The plaintiffs in the lawsuit over the interim plan and those members of the Committee let us know this afternoon, Tuesday, that they plan to file a request for a preliminary injunction with the District Court tomorrow, Wednesday, February 20th.
“Once the document is filed with the court, they will provide a copy of that (request for a) preliminary injunction to us to forward to the Committee.”
The Defenders of Wildlife and the National Audubon Society, represented by the Southern Environmental Law Center (SELC), filed a lawsuit against the National Park Service on Oct. 18 in federal district court in Elizabeth City over its failure to adopt regulations to manage beach driving at the Cape Hatteras National Seashore.
The suit claims that the interim protected species management plan under which the Park Service has been operating does not do enough to protect species of shorebirds and sea turtles that nest on the seashore.
The groups also filed a 60-day notice of intent to sue over violations of the Endangered Species Act in connection with the interim management plan.
The lawsuit contends that the interim plan, which is intended to protect the birds and turtles until a long-range plan is adopted, does not go far enough.
The National Park Service is currently involved in two concurrent processes to formulate a long-range plan for ORV use on the seashore beaches.
They are:



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