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Erin McCallum

Cape Hatteras National Seashore

Date Filed: 10/18/2007
Case Status: Closed

Defenders of Wildlife v. National Park Service

Lawsuit to compel the National Park Service to manage beach driving responsibly at Cape Hatteras National Seashore to protect the threatened piping plover, threatened and endangered sea turtles, other species of waterbirds and shorebirds, and their habitat. Under settlement agreement, the Park Service must develop an off-road vehicle management plan by April 2011. Defenders continues its work to ensure that the final plan provides adequate protections for wildlife at the seashore.

Case Background

Cape Hatteras National Seashore was authorized in 1937 as the nation’s first national seashore, under the management of the National Park Service. It consists of approximately 30,000 acres along approximately 64 miles of shoreline in the North Carolina Outer Banks.

In recent years, off-road vehicle (ORV) use has increased exponentially at the Seashore, with as many as 2,200 vehicles traveling on the beach in a given day. This increase in ORV use has coincided with a steady decline in the numbers and breeding success of numerous protected species of shorebirds and sea turtles – some rare, endangered, or threatened – that live and breed at the Seashore.

The Seashore provides important habitat for numerous wildlife species, including the piping plover, a bird listed as threatened under the Endangered Species Act, and numerous other waterbirds, shorebirds, and sea turtles.

High volume ORV usage deters birds and turtles from nesting in prime areas of their habitat, crushes nests, eggs and chicks, and prevents hatchling turtles from reaching the ocean. A recent study by North Carolina State University shows that beach driving has contributed to a 49 percent decline in American oystercatcher numbers at Cape Hatteras over the last decade. Beach driving also contributes to pollution in the area, the compaction, erosion and displacement of sand, and the degradation of the overall habitat.

Since 2005, Defenders of Wildlife has encouraged the National Park Service to implement a responsible ORV management plan for Cape Hatteras National Seashore. By executive order, President Nixon first required that all federal parks, refuges and other public lands that allow ORV use have detailed management plans in place through regulation. Cape Hatteras National Seashore never complied. In July 2007, a federal judge declared beach driving without a management plan illegal at Cape Hatteras, but the Park Service continues to allow it.

In October 2007, Defenders filed a lawsuit against the National Park Service and the U.S. Fish and Wildlife Service challenging the agencies’ failure to regulate beach driving in a manner protective of the imperiled piping plover, loggerhead sea turtle, and other species. On February 20, 2008 the groups filed for a preliminary injunction in U.S. District Court requesting that beach driving be halted along approximately 12% of the shoreline to allow birds to nest and raise chicks. The requested closures were recommended by the Park Service’s own scientists and are vital to a successful breeding season in 2008. Importantly, most areas would still be open to pedestrian access, allowing Park visitors to continue using these areas.

That suit alleged violations of the Endangered Species Act, National Environmental Policy Act, Migratory Bird Treaty Act and other federal laws and regulations, pending in federal court in North Carolina. Defenders, the National Park Service, Dare and Hyde counties, and a local coalition of off-road vehicle user groups settled the case on April 30, 2007. The resulting consent decree improves protections for nesting shorebirds and sea turtles while still providing recreational opportunities at the seashore until a final ORV management plan is in place.

Defenders staff also participated in a negotiated rule-making team to develop a long-term ORV management plan for the seashore. The process concluded in February 2009 and the National Park Service is now developing a final rule to govern ORV use at the seashore.

Co-filers:

National Audubon Society, Southern Environmental Law Center

Updates:

02/26/2009

Negotiated rulemaking process concludes. National Park Service continues to develop final rule for ORV use at the seashore.

4/30/2008

Hatteras Beach Driving Negotiations Successful – A consent decree filed in U.S. District Court that has resolved the lawsuit challenging an interim National Park Service plan to protect wildlife from the impacts of beach driving along Cape Hatteras National Seashore has been signed by Judge Boyle. Press release.

04/11/2008
The three parties involved in the lawsuit to regulate beach driving along Cape Hatteras National Seashore have agreed in principle to a settlement of the case. A consent decree is expected to be filed the week of April 14. Read their settlement statements.

02/20/08
Defenders and involved groups filed for a preliminary injunction in U.S. District Court requesting beach driving to be halted along 12% of the shoreline to protect shorebird nesting habitat.