Park Service responds to beach driving lawsuit

The National Park Service today admitted in a federal court document that ORV use at the Cape Hatteras National Seashore is unauthorized and in violation of the law and that the injunction sought by the Southern Environmental Law Center on behalf of Defenders of Wildlife and the National Audubon Society could be granted:

"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….Accordingly, Federal Defendants do not dispute that Plaintiffs have met their burden of showing a likelihood of success on the merits with respect to the alleged violation of [the law]."

While NPS failed to take a position as to the appropriate scope of an injunction, it did pledge to attempt to reach an agreement with SELC and its clients on "the terms of an appropriate injunction" in advance of the next court hearing. A copy of the complete text of the Federal Defendants Response to Plaintiff's Motion for Preliminary Injunction can be found here.

Derb Carter: “We look forward to working with the Park Service on an injunction that is in line with the recommendations of Park Service scientists and that will allow for a successful breeding season for Hatteras shorebirds and sea turtles.”