Beach Driving Negotiations Stall

Dare County, the National Park Service, Defenders of Wildlife, and the National Audubon Society were unable to reach an agreement this week on parameters for beach driving in the Cape Hatteras National Recreational Seashore.

Defenders of Wildlife and the National Audubon Society are Plaintiffs in a lawsuit for a preliminary injunction that would prohibit beach driving in the Cape Hatteras National Recreational Seashore.  Last week Judge Terrence Boyle continued the hearing to allow time to finalize a settlement known as a “consent agreement” between the parties.

Negotiations went into the evening on Wednesday, and lawyers for all sides had reached agreement on parameters for a resolution to present to their respective clients.  They had agreed on buffers for nesting birds that would create opportunities for recreational access.  Those buffers may have caused closures depending on the movement of the birds, but the opportunity for access would still be available. 

On Thursday when the two sides met to finalize the details of the agreement, it became clear the Plaintiffs were not willing to agree to the terms discussed in previous meetings.  The National Audubon Society and Defenders of Wildlife expanded the size of buffers they were willing to accept to a size that would effectively eliminate opportunities for access and eliminated 5 of the 6 areas of concern from consideration.

Since the changes proposed by the Plaintiffs on Thursday evening essentially eliminated opportunities for access, Dare County and the other Intervenors could not agree to those terms.  Talks toward an agreement were terminated, and a date for a hearing has not been set.    

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Clarification on Earlier Release Regarding Beach Driving Negotiations

To the extent that the earlier press release issued by Dare County implies that final settlement was reached or that any term of settlement had been agreed upon by the parties, such implications are inaccurate.  No final settlement was reached, and the parties simply set forth parameters to take to their clients for final approval.  Dare County regrets these inaccuracies and apologizes for any confusion created.  

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