A group of environmental organizations trying to curb offroading in the Oceano Dunes were forced into a screeching stop.
The San Luis Obispo County Superior Court on March 21 prohibited six environmental agencies from interfering in the long-running lawsuit against the California Coastal Commission. This was to prevent the closing of the dunes for off highway vehicle recreation and camping.
The Northern Chumash Tribal Council and Center for Biological Diversity, Oceano Beach Community Association and the Sierra Club, Surfrider Foundation and the SLO Coastkeeper made the motion to intervene. Their purpose was to support and eventually eliminate off-highway vehicle traffic at Oceano Dunes State Vehicular Reserve Area by 2024, as determined by the Coastal Commission in March 2021.
Friends of Oceano Dunes and EcoLogic, both off-road enthusiasts, filed petitions against State Parks and the Coastal Commission challenging the ban on off-highway vehicles. They also challenged the February 2022 intervention by environmental groups.
“The court finds that allowing applicants to intervene would not promote justice, and that any reasons to intervene are outweighed by rights of the original litigants to proceed with their lawsuit on their terms,” Judge Tana Coates wrote to her court ruling.
Each of the six environmental groups claimed that they had their own interests in protecting the dunes against the further impacts of off-roading. Coates, however, found that their concerns were “adequately represented” by the Coastal Commission as a whole. Coates stated that it was not about dunes protection. Friends’ original lawsuit claimed that the Coastal Commission overstepped its authority by unanimously approving the end to off-roading in the region without conducting an environmental analysis.
Originally, the 2021 permit amendment by the Coastal Commission required State Parks that dunes be closed to riding by 2024, and that Pier Avenue be shut down by July 1, 2022. The permit update also contained a prohibition against crossing Arroyo Grande Creek even though a small amount of water may be present. State Parks and Friends reached an agreement in December 2021 to suspend these bans while the court considers the lawsuit.
Environmental groups are worried about offroading effects on water quality and endangered species.
Gordon Hensley (executive director of the nonprofit Environment in the Public Interest, which oversees the SLO Coastkeeper), stated, “The Coastalkeeper Program we operate focuses primarily on water in particular.” “Stream crossing is of high importance to us. The stream appears to have multiple millions of crossings by vehicles.
Hensley said that vehicles on the 1-mile stretch of beach north from Pier Avenue pose a threat for birds like the snowy plure and the leasttern in terms nesting and feeding habits.
This concern was also voiced by the Center for Biological Diversity.
According to a press release by the nonprofit, “Vehicle usage has effectively turned this stretch beach into a highway, making the shore unsafe to walk along or sit and enjoy beach picnics.” Oceano’s plurality-Latino inhabitants are unable to safely recreate along its beachfront. Oceano’s economy is also affected by a lack tourism, compared to nearby cities that have more serene, safer coastal lands.
Coates stated in her ruling that the groups claimed their participation would “decomplicate” the case, but failed to explain why. Hensley said New TimesAccording to the legal team of the groups, an approved motion for intervention wouldn’t have delayed proceedings.
“The case is not moving forward.” Henley stated that the case is still in discovery. “The fact that riders brought the suit rather than the Parks Department made us feel like it might be of value for the courts to hear from environmental community about our feelings regarding the riding, the protection and the authority of this court.” [Coastal Commission].”
