Coastal Commission appeals ruling over vehicles on Oceano Dunes
August 11, 2023
By KAREN VELIE
The California Coastal Commission on Wednesday appealed a trial court ruling that the commission overstepped its authority when it voted to phase out off-road vehicle usage at the Oceano Dunes by 2025. The commission opposition to San Luis Obispo Superior Court Judge Tana Coates’ decision will head to the Second Circuit Court of Appeals.
In March 2021, the Coastal Commission voted unanimously to phase out off-road vehicle usage at the Oceano Dunes over three years and to close the Pier Avenue entrance by July 1, 2022. At the time, commissioners argued vehicle usage at the dunes harms the environment and does not comply with the California Coastal Act. The commissioners cited environmental justice as a justification for closing the park to vehicles.
Friends of Oceano Dunes, a nonprofit that represents approximately 28,000 supporters of off-road recreation, filed a suit arguing the commission overstepped its legislative authority and violated due process. The judge agreed and ordered the commission to vacate its order regarding vehicle use at the dunes at its next meeting.
“The court finds that in permanently prohibiting all off-highway vehicles in the Oceano Dunes State Recreational Area, the Coastal Communion acted ‘without, or in excess of its jurisdiction,’” Coates wrote in her ruling. “The court also finds the Coastal Commission violated CEQA by deciding to close the Pier Avenue entrance to the Oceano Dunes State Recreational Area without evaluating how it would impact vehicle miles traveled.”
Shortly before the start of the commission board meeting on Wednesday, Friends served the commission with a demand to vacate its decision.
However, a handful of SLO County residents asked the commission to appeal Judge Coats’ decision noting protection of wildlife, asserting driving on the dunes causes health issues and arguing for the protection of cultural rights. The commission then voted in closed session to appeal Judge Coats’ decision.
Driving on the dunes will continue while the appeal is heard, though it is likely to delay a January hearing regarding awarding attorney’s fees and court costs to Friends.
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