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Late News...I should not comment further than the following story however I will caution that this may or may not be good news...more whn I can talk freely.
Still watching and waiting:
Parties agree to settlement of beach-driving lawsuit;
Public may know details on Wednesday, April 16
By IRENE NOLAN
The three parties involved in the lawsuit to regulate beach driving along Cape Hatteras National Seashore announced on Friday evening, April 11, that they have agreed in principle to a settlement of the case.
Terms of the proposed consent decree cannot be discussed at this time, according to attorneys involved in the case.
The parties are filing a joint motion in U.S. District Court to continue the case until Wednesday, April 16, to allow the Defendant-Intervenors (Dare County Commissioners, Hyde County Commissioners, and the board of the Cape Hatteras Access Preservation Alliance) to vote on the proposed settlement.
Assuming that the settlement is approved by the intervenors, the public will know the details of the agreement when the consent decree is filed in the court on Wednesday, according to Jason Rylander, attorney for the Defenders of Wildlife.
The following are statements from attorneys representing the environmental interests in the case, as well as those representing Dare County and recreational users of Cape Hatteras National Seashore, that were released this evening.
Derb Carter, Southern Environmental Law Center: “We are pleased to have all parties to the case at the negotiating table and in agreement in principle. We will continue to work to ensure that the natural resources and public enjoyment of Cape Hatteras National Seashore move forward hand in hand and look forward to filing a proposed consent decree next week.”
Jason Rylander, Defenders of Wildlife: “We’re pleased to have come to an agreement in principle with all three parties to this important issue. While we can not discuss the terms of the proposed settlement, we remain committed to preserving the wildlife along the Seashore while allowing for continued recreational access to this unique natural area.”
Statement from Bobby Outten and Larry Libesman, attorneys for Defendant-Intervenors: "Bobby Outten, Dare County Attorney, and Larry Liebesman , Holland and Knight LLP , outside counsel for Defendant-Intervenors, are very pleased that the parties have reached agreement in principle and will recommend to intervenors that the settlement be approved as soon as possible next week. John Couch, president of the Outer Banks Preservation Association, has indicated that he will recommend approval of the settlement to his board as soon a possible."
Mike Murray, Superintendent, Cape Hatteras National Seashore: “This is the best of all possible outcomes. I am very pleased all parties have reached an agreement in principle.”
Attorneys for the environmental groups and the federal government had announced on April 2 that they had reached an agreement to settle the lawsuit and the request for a temporary injunction to halt ORV use on popular areas of the seashore until the lawsuit is settled or until the National Park Service has a long-term ORV rule. The attorneys asked U.S. District Court Judge Terrence Boyle for a continuance of a planned April 4 hearing on the injunction request until April 11 so they could work out the details.
Attorneys for the intervenors opposed the continuance.
In his courtroom on April 4, Boyle granted the continuance and also said that he preferred that the intervenors, representing the public, be involved in a settlement, though he did not say what role they should play.
All three parties – plaintiffs, defendants, and intervenors -- had been meeting this week in an attempt to reach a settlement. Earlier today, Dare County had issued a press release that said they were unable to reach an agreement and the talks were “terminated.”
Also, earlier today, Boyle issued an order in the case that granted the intervenors’ motion of April 1 to file supplemental information to oppose the request for an injunction, and he denied the motion of the plaintiffs, the environmental groups, to strike, or not allow, the information because it had not been filed in a timely manner.
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