# Lawsuit filed against NPS by OBPA!!!



## tackle42 (Mar 23, 2010)

Most of you are aware by now that the National Park Service published the Final ORV Rule for the Cape Hatteras National Seashore Recreational Area in the Federal Register on January 23 and announced implementation would occur on February 15, 2012. Today, Cape Hatteras Access Preservation Alliance filed a legal suit against the DOI, NPS, and CHNSRA asking the court to declare that the NPS acted improperly and illegally and to provide permanent injunctive relieve to prevent NPS from implementing the plan. This begins the next chapter in our fight to preserve free and open access to the beaches of the Cape Hatteras National Seashore Recreational Area. It is a path we had hoped would not be necessary, but now believe is required. A copy of the full press release is attached.

In discussing the recent events, John Couch said, "The OBPA has fought to keep the Cape Hatteras National Seashore Recreational Area beaches free and open to visitors since 1977. We have already won in the court of public opinion, and we will now prevail in the court of law." Jim Keene, representing the North Carolina Beach Buggy Association added, "mechanical access to the beaches predates the creation of the Recreational Area by over 100 years. The horses and wagons of the eighteen and nineteenth centuries were follow by the model T and ORVs in the twentieth century. The success of this legal action will insure that the historical recreational traditions and culture of the Outer Banks will endure for future generations." 

The past seven years have been difficult for all who have come to appreciate the traditional cultural and recreational values of the seashore. We thank all of our members for their support over the years. We also thank all of the other organizations who have been by our side including North Carolina Beach Buggy Association, Cape Hatteras Anglers Club, Dare County Commissioners, Hyde County Commissioners, American Sportfishing Association and the United Mobile Access Preservation Association. We must all continue to fight for what we hold so dear to our hearts, and we commit to you that the OBPA will continue to pursue our goal of free and open beaches. 

We hope to see all of you on Hatteras and Ocracoke islands this year. We will keep you informed of the progress of this suit in the coming weeks.


Local Community Group Challenges New National Park Service Off-Road Vehicle Restrictions at Cape Hatteras

Proper review of alternatives and socioeconomic impacts required, says group's filing

Buxton, NC (February 9, 2012) - The Cape Hatteras Access Preservation Alliance (CHAPA) today filed suit challenging the National Park Service's (NPS) issuance of a new management plan and special rule regulating off-road vehicle (ORV) use at Cape Hatteras National Seashore Recreational Area. The lawsuit seeks to prohibit NPS from imposing severe new restrictions on ORV use within the Recreational Area in accordance with the agency's recently released Cape Hatteras ORV Management Plan/Final Environmental Impact Statement and Special Regulations governing ORV management at the Recreational Area.

Since before the establishment of the Recreational Area, ORV access to and over the beaches of North Carolina's Outer Banks has been fundamental to the use and enjoyment of the area by residents, visitors, and local businesses. "The Park Service's new ORV management plan and rules, if implemented, will have a devastating effect on our unique, local shore-oriented culture and economy," said John Couch, President of the Outer Banks Preservation Association (OBPA). "The OBPA and CHAPA have fought to keep the Cape Hatteras National Seashore Recreational Area beaches free and open to residents and visitors since 1977. OBPA and CHAPA continuously have maintained that reasonable ORV access and bird and turtle species protection are not mutually exclusive. Unfortunately, the Park Service overlooked reasonable recommendations and information that OBPA and CHAPA put forth during the planning process that would have resulted in an ORV management plan and rules that both protect wildlife resources and ensure reasonable ORV access to and over the area's beaches."

Throughout the ORV planning and rulemaking process, CHAPA's goal has been to work with NPS to develop a comprehensive ORV use and management plan that will meet the concerns of protecting the Recreational Area's resources without compromising the distinctive lifestyle and economic health of the islands that make up the Outer Banks. CHAPA has advocated the protection and preservation of Seashore beaches within a framework of responsible and meaningful access to the ocean beaches and sound for all users, including pedestrians and properly licensed drivers and their vehicles.
According to the complaint filed by CHAPA in the United States District Court for the District of Columbia, the imposition of new, severe restrictions was "foreordained from the time that NPS began its planning process." As set forth in the complaint, the Park Service's planning and environmental review process under the National Environmental Policy Act was plagued by a series of failures. These include, among others: a failure to give meaningful consideration to views, data, or information that were contrary to NPS's desire to impose more severe restrictions on ORV access and use; a failure to look at reasonable alternatives, including smaller and more flexible buffer and closure areas; and a failure to properly assess impacts on the local economy. The complaint asks the court to determine that NPS acted improperly and to prevent NPS from implementing its final ORV management plan and rules.

###

The Cape Hatteras Access Preservation Alliance (CHAPA)is a project of the Outer Banks Preservation Association (OBPA), which is dedicated to preserving and protecting a lifestyle historically prevalent on the Outer Banks of North Carolina, and specifically at the Cape Hatteras National Seashore Recreational Area (CHNSRA). With over 10,000 active members (representing over 38 states and Canada), OBPA and CHAPA work to protect and preserve local beaches within a framework of free and open beach access for all users, including properly licensed drivers and vehicles.

Contacts:

John Couch
President OBPA


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## Byron/pa (Mar 14, 2007)

http://obpa-nc.org/joomla/Excelent, very excelent indeed....................for those of you who might not belong to OBPA, here is the link to the website, where you can join and be heard.....


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## gilly21 (Feb 15, 2006)

Glad to see this come down...Been waiting for this a LONG TIME


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## Shellback2 (Jan 7, 2006)

Turn the hounds loose and tree that skunk Murray. OH ==============skunks can't climb they just make a mess and hunt a hole in the ground. 

If they get this stopped everyone should donate the $120.00 they were planning to spend.


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## SNDFLEE (Sep 8, 2010)

Very good news indeed! If you don't belong to OBPA please join NOW ans get involved!


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## carbine100 (Aug 2, 2004)

Shellback2 said:


> Turn the hounds loose and tree that skunk Murray. .....
> If they get this stopped everyone should donate the $120.00 they were planning to spend.


Did one better for the filing, I just bought a new life membership.


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## Cdog (Mar 18, 2002)

Shellback2 said:


> Turn the hounds loose and tree that skunk Murray. OH ==============skunks can't climb they just make a mess and hunt a hole in the ground.
> 
> If they get this stopped everyone should donate the $120.00 they were planning to spend.


Reality is this could be in the courts for years, if you want to help donate now so we don't run out of money at the wrong time. JMHO.


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## WILSON (Aug 27, 2002)

Much rather donate my 120 dollars a year to the cause, if I spend it on the pass I will surely end up in prison!!!

Just hope they can get some positive attention on the issue. It still baffles me that people still have no clue what has been going on down there.


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## Alexy (Nov 1, 2010)

This has a honest chance folks. Look where it was filed. District court in washington DC. This is not Raleigh, Judge Boyle has one of the poorest records of his decisions being overturned of any federal judge, that baggage carries a long way when other judges look at your decsions especially of they do not work with you. 

They address a ton of issues that the people here have yelled about everything from the park was promised to us for access in 1937 to how economic and cultural values of islanders were ignored to how comments were completely discounted and science on the issue was ignored or skewed to suit closings. 
The attourney and his lawfirm have a pretty good track record of representing in these issues
http://www.vnf.com/professionals-jonathansimon.html
Let's wish them well.


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## SNDFLEE (Sep 8, 2010)

That is why WE should our protest to D.C. and GET THE WORD OUT so to speak! look at all the media coverage the recent goings on got down there! Filing for a permit alone to demonstrate alone gets a lot of media coverage. Don't have to pitch tents etc. just a LARGE turnout of folks to " Get the word out" or make people aware of what The National Park Service REALLY does and WHO REALLY RUNS THEM!


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## SteveZ (Nov 30, 2006)

Shellback2 said:


> If they get this stopped everyone should donate the $120.00 they were planning to spend.


Everyone should donate NOW.


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## Drumdum (Jan 6, 2003)

Cdog said:


> Reality is this could be in the courts for years, if you want to help donate now so we don't run out of money at the wrong time. JMHO.


No doubt... Just hope that Boyle stays where the heck he is,and that his overturn ratio comes into play.. They need a plan implimented to protect,and I personally see no big deal about "pay and play",but you have to have at least SOME access to play.. Disclaimer- *also,reaccess the fees for a weekly pass* I just want to see how it is explained about the economic loss in the community,and how they have been doing the suveys on it,hopefully that will be one of the things the lawyers delve into.. As well as non peer reviewed science that these closures are based on......


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## crumbe (Jul 22, 2011)

I just joined...I have been waiting for this....


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## Captain Awesome (Jul 27, 2010)

Just joined as well. Funny thing though, I have never driven on the beaches!! Still this issue goes well beyond ORV access and beach driving. As many have mentioned here, that is just the beginning. I want to be able to walk, drive, run on all of our beaches that are owned by the citizens of the United States.


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## OldBay (May 15, 2003)

I just sent some $$ to. I have been a member of OBPA for years. The red license plate gets you a little street cred down on HI to.


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## Papa-T (Sep 5, 2011)

I hope everyone steps up and supports OBPA. I just also sent extra$$$$. Join now !


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## Loki (Sep 26, 2010)

Funds sent! Thanks for the heads up.


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## SNDFLEE (Sep 8, 2010)

Great news NOW WE"RE TALKN!


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## AbuMike (Sep 3, 2007)

Pace yourselves. This IS NOT going to be a couple week thing. The Enviros will take the full 60 days to respond to the suit. Then they will keep it tied up many many months or even years.


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## smlobx (Jul 3, 2009)

AbuMike said:


> Pace yourselves. This IS NOT going to be a couple week thing. The Enviros will take the full 60 days to respond to the suit. Then they will keep it tied up many many months or even years.


No doubt that's true. They have a habbit of waiting until the eleventh hour to respond but that's OK it gives our side more time to fill the war chest!

BTW, I just joined the OBPA and donated my annual pass to them instead of the NPS !! Felt great!!!!!!!!


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## SNDFLEE (Sep 8, 2010)

I hope folks use this as a boost for morale to continue the fight or get involved if they have'nt done so.


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## dena (Jun 20, 2010)

smlobx said:


> No doubt that's true. They have a habbit of waiting until the eleventh hour to respond but that's OK it gives our side more time to fill the war chest!
> 
> BTW, I just joined the OBPA and donated my annual pass to them instead of the NPS !! Felt great!!!!!!!!


Lawyers, that's the way they work.
There is no incentive to hurry, in fact, just the opposite. They get paid by the hour, and it ain't minimum wage, either.
The lawyers are why money is needed, and they are the only ones that will be happy no matter who wins this dispute.
Hopefully our side will have dirty, but legal tactics of our own.


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## tylerhb (Mar 29, 2010)

Does this mean that the new ORV rules will not go into effect or that the new plan will still be implemented on FEB 15. IF so
should we not buy the pass because if you do you are just helping the NPS efforts by feeding them cash.


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## JAM (Jul 22, 2002)

tylerhb said:


> Does this mean that the new ORV rules will not go into effect or that the new plan will still be implemented on FEB 15. IF so
> should we not buy the pass because if you do you are just helping the NPS efforts by feeding them cash.


They will go into effect no matter what, no one can make that descion but you, I would not Critisize anyone for buying a permit, I understand the Love. How bout this get the permit, pay in pennies, then donate the same 120.00 to the NCBBA Legal Fund, you can do it online right here.... and Thankx...... JAM http://ncbbaonline.com/contribute.html


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## tylerhb (Mar 29, 2010)

I hear ya man, its a messed up situation. I hate giving money to those puppets, especailly since it will only be used to fight against the fight we are fighting. I am already a memeber of OBPA, and sent money a few days ago. Wish everyone would join together, kind of redundant for there to be multiple associations fighting the same fight, but at the same time it has its perks.


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## aardvarkgraphix (Sep 30, 2005)

I honestly have not heard a word of any of this on Local News Channels, EVERYONE knows how they like to make BIG ISSUES BIGGER!!!! Send this thread to ALL your local TV stations to Get the GENERAL Vacationing Public and the other OUTDOOR enthusiast into the Mix, This is to BIG for just anglers. It is a NORTH CAROLINA and frequent visitors BATTLE over what has been and what will be! The MORE EXPOSURE, THE BETTER!!


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## Drumdum (Jan 6, 2003)

aardvarkgraphix said:


> I honestly have not heard a word of any of this on Local News Channels, EVERYONE knows how they like to make BIG ISSUES BIGGER!!!! Send this thread to ALL your local TV stations to Get the GENERAL Vacationing Public and the other OUTDOOR enthusiast into the Mix, This is to BIG for just anglers. It is a NORTH CAROLINA and frequent visitors BATTLE over what has been and what will be! The MORE EXPOSURE, THE BETTER!!


 I'm in full agreement with you,*although;* Everytime there has been publicity,reporters have spun the info,huge portions of interviews are left out or edited out of context.. To be fair and balanced they interview the opposing side and give them full time to tear down whatever was said AFTER they edit.... This has happened numerous times,and has happened to two of my friends,one recently,and has made fools of both of them... I truely believe they can make a good comment spoken by anyone,even those that know the situation and can explain our side fluently,and edit it so that it is totally taken out of context... jmho,from the interviews I have seen in the past.. If publicity was going to help,it should have been brought to the forefront MANY years ago... Not being critical,just expaining what I have seen in the past.... I know it is a sad statement,but true.. Only "balanced" articles I have seen published about this issue came from Island Free Press,and it is internet and pretty much local...


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## dena (Jun 20, 2010)

The Press is OK if they agree with your message.
If not, they control the microphones, and buy ink by the barrel, and can do pretty much what they want.
Lotta Press agree with the enviros and greenys, and look at beachmen as rubes.
It ain't a coincidence that our side is rarely heard unedited.


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## CarolinaChuck (Jan 11, 2011)

> This has a honest chance folks. Look where it was filed. District court in washington DC. This is not Raleigh, Judge Boyle has one of the poorest records of his decisions being overturned of any federal judge, that baggage carries a long way when other judges look at your decsions especially of they do not work with you.
> 
> They address a ton of issues that the people here have yelled about everything from the park was promised to us for access in 1937 to how economic and cultural values of islanders were ignored to how comments were completely discounted and science on the issue was ignored or skewed to suit closings.
> The attourney and his lawfirm have a pretty good track record of representing in these issues
> ...


I hope the best for you all...but, Eeeee! This law firm has offices in Washington D.C. and Seattle Washington-two very liberal bastions. This lawyer worked for Dem Senator Frank Lautenburg ( http://en.wikipedia.org/wiki/Frank_Lautenberg ) who was replaced by the "the Tourch" (Robert Guy Torricelli). Neither of these two sleaze bags in my mind is a friend of liberty. Not to mention, I don't see this lawyer has any Constitutional law experience-he don't have the hutzpah to go where this case needs to go.

I hope I am dead wrong...but hiring someone who is only capable of compromising your case for you in a Federal court is a waste of time and money-and can ultimately do more harm than good.

I got a bad feeling about this "law dog,"
CarolinaChuck


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## yerbyray (May 18, 2010)

I donated and will again even though I haven't planned on driving on the beach. Once I realized that a portion of the fight had to do with driving in front of snobs and their houses that swayed me.

the beach is for everyone.


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