Oceano Dunes Litigation Heads to Trial
In March of 2021, the Coastal California Commission amended Coastal Development Permit 4-82-300 (the “CDP”), demanding that the California Department of Parks and Recreation (State Parks) phase out OHV use and most beach camping at the Oceano Dunes State Vehicle Recreation Area (ODSVRA) by 2024.
EcoLogic Partners, Inc. (Ecologic) and Specialty Equipment Market Association (SEMA) filed suit against the Commission on grounds that it had no legal authority to terminate OHV use and beach camping at a state-authorized and legislatively-sanctioned SVRA. EcoLogic and SEMA also argued that the Commission, when it amended the CDP, failed to analyze how the phase out of OHV use would affect public access and recreation. Friends of Oceano Dunes also filed suit challenging the Commission’s “amendments” to the CDP, making similar allegations.
After months of compiling evidence (known as the administrative record), the parties have now briefed all the major issues. The hearing on the matter is scheduled for June 15, 2023, the Honorable Tana Coates presiding as judge. It is unclear whether Judge Coates will issue a “tentative ruling” before the hearing. If she does, the tentative sill signal which way she is leaning on the key legal questions. once the hearing in concluded, the judge will issue her final decision in four to eight weeks.
Note that the trial court’s decision, while important, will not necessarily end the dispute. The losing party has the right to appeal. Appeals of this kind usually take 10-13 months to complete.
EcoLogic Partners, Inc. is comprised of Off-Road Business Association (ORBA), AMA District 37 and American Sand Association. To learn more about this issue, and other land use issues affecting motorized recreation, visit www.offroadbusiness.org and www.sema.org
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