Sierra Club frusterated by Oceano Dunes lawsiut being thrown out

[mannysouza]

Sierra Club.

http://www.ksby.com/news/sierra-club...ng-thrown-out/

[Reid Racing]

That's so awesome!

[Bebe]

A San Luis Obispo County court judge threw out a lawsuit by the Sierra Club that could have made a portion of the Oceano Dunes off limits to off-road vehicles. The Sierra Club is the oldest and largest grassroots environmental group in the country.

The Sierra Club filed a lawsuit against the California Department of Parks and Recreation back in 2008. The Sierra Club wanted the Parks and Recreation Department to abide by a County policy that prohibits off-road vehicles on 580 acres of the Dunes.

San Luis Obispo County Sierra Club director Andrew Christie thinks the court misunderstood what they were suing about. Christie says the Local Coastal Plan written in 1982 says off road vehicles are not allowed on a portion of the Oceano Dunes between the entrance on the north and main riding area on the south.

"We weren't challenging anything, we were just saying look, this has been allegedly the law since 1982. State Parks is supposed to be required to implement that within the general management plan for the area and in 29 years they've never done that" says Christie.

San Luis Obispo County Superior Court judge Charles Crandall wrote in his ruling. "Simply put, it is too late, if the rule were otherwise, a Coastal Development Permit could be subject to endless challenges long after the 60-day period for administrative mandamus review has expired. "

This is where the Sierra Club thinks the court misinterpreted them. Christie says the Coastal Development Permit is not what they were challenging. The Sierra Club says it was trying to get the park to implement policies in the Local Coastal Plan and not trying to ban vehicles throughout the Dunes.
"We wouldn't mind seeing less vehicles than are there right now but all we were trying to do was enforce the provision in the Local Coastal Plan that says there are no vehicles allowed on this portion of the Dunes" says Christie.

Christie says the area in question is a rare and fragile ecosystem.
"It's unique because you very seldom find the kind of geographic arrangement where the sea and the land are arranged in just such a way that these Dunes form. And wetlands form the Dune system and you have an entirely functioning habitat for rare and endangered species."

Christie says the Sierra Club will continue it's fight in some form, possibly judicially with an appeal to the State Supreme Court.

Awesome outcome, and they will likely kick it upstairs. But hey, no winning means no taxpayer monies were awarded.

[Cameraman]

Originally Posted by Bebe

upstairs. no winning means no taxpayer monies were awarded.

Win, Win ....

[TN1776]

That is amazing. I lived down there while in college in the 90s, so many negative news stories even back then. Glad to see we're not losing that area (yet).

[mannysouza]

Originally Posted by Bebe

Awesome outcome, and they will likely kick it upstairs. But hey, no winning means no taxpayer monies were awarded.

So what your saying that we will lose in state supreme court?

[Bebe]

Originally Posted by mannysouza

So what your saying that we will lose in state supreme court?

No, more like it's going to continue, they'll drag it out and keep suing in a bunch of different angles. But hopefully, they'll lose enough to find that this subject is not profitable.

[85-4roller]

Unfortunately it is only a mater of time until pismo is closed. Just remember when the off road area stretched all the way down to devils slide in the 1970s. It currently is only a small overcrowded remnant of the past vast area. The environmentalist will not give up & continue to win the long term battle. Out door enthusiast need to unite.

The liberal environmentalist have infiltrated the Forrest service & the judicial system. They will not be happy until all the public lands are closed to all, including, Horses ,4x4, bicycles, snowmobiles, cars & wheel chairs.
Please tell all your friends & families to consider not supporting the liberals, with their sierra club friendly agenda in the next election.
They have slowly closed many of the trails & campsites that I have been using with my family for 50 years.
Every few years there are more closures or use restrictions, this must stop or there will be nothing left., but the left....
Please tell all your friends & families to consider not supporting the liberals, with their Sierra Club friendly agenda in the next election.
The future of our freedom depends on this...

PLEASE VOTE
__________________

[mannysouza]

Funny but sad, all comments have been erased on KSBY.com.

[Mad Machinist]

This is the only thing they are going to be "frustrated" about. Senator Bingaman (D-New Mexico) was at the Whitewater-Baldy Fire ICP today. And he got an earful as to why these fires are getting so vicious.

I have it on pretty good authority that the EAJA Reform is going to get pushed and the the National Forests are also going to get pushed to be exempted from the whole NEPA and EIS thing.

With the Wallow Fire last year being the largest in State history and now the Whitewater-Baldy Fire being the largest in New Mexico history, in the words of my opponenets, Let no good crisis go to waste.