‘Victory’ or ‘deadly decision’? Off-roaders, wildlife groups react to Oceano Dunes ruling

For more than two years, Oceano Dunes Vehicular Recreation Area appeared poised to close to off-road riding by 2024.

However, a San Luis Obispo Superior Court judge gave off-roading enthusiasts and wildlife advocates whiplash Wednesday afternoon when she issued a ruling that allows off-highway vehicle use to continue in the popular park.

Judge Tana Coates’ ruling mandates the California Coastal Commission vacate its March 2021 amendment to the Oceano Dunes park’s coastal development. That amendment had effectively prohibited off-roading at the park by 2024.

The ruling marked the end of a court battled waged by off-roading advocates Friends of Oceano Dunes and EcoLogic Partners against the Coastal Commission after its March 2021 vote.

The Coastal Commission is set to meet in August to discuss the ruling and next steps.

Off-roading enthusiasts and businesses that cater to that community said they’re happy with the ruling, which opens up the opportunity to let them keep driving their vehicles around the dunes for years to come.

“We are extremely pleased with our victory showing the Coastal Commission exceeded its authority once again,” Friends of Oceano Dunes president Jim Suty wrote in an email to The Tribune. “Friends of Oceano Dunes will continue to fight to protect continued access for camping and OHV use at the Oceano Dunes the way it has been occurring for over 100 years.”

However, wildlife advocates are concerned what the ruling could mean for the threatened and endangered birds that nest in the dunes.

“This ruling imperils a who’s who of rare and endangered coastal birds, including the Western snowy plover and California least tern,” Andrea Jones, director of bird conservation for Audubon California, said in a statement Friday.

Off-roading enthusiasts happy with judge’s ruling

The contradictory reactions to the Oceano Dunes ruling is nothing new for those who have followed the controversial park’s history.

Since the park’s inception in the 1980s, off-roaders and preservationists have battled over the park’s uses.

The off-roading area within the Oceano Dunes has shrunk significantly over the years — from 3,600 acres to about 1,500 acres. The majority of those closures were to set aside areas for bird habitat and dust pollution control measures.

Friends of Oceano Dunes have long argued those closures were far too aggressive and based on science the nonprofit did not believe was accurate.

However, the closures were deemed successful by California State Parks as the population of endangered California least terns and threatened snowy plovers saw recovery in areas closed to off-road driving.

Additionally, dust pollution from the dunes has fallen measurably since State Parks implemented the measures required by the San Luis Obispo County Air Pollution Control District.

Friends of Oceano Dunes has pledged to continue its “fight against the use of bad science and the abuse of political power.”

Specialty Equipment Market Association and EcoLogic Partners — entities that entered into a lawsuit against the Coastal Commission alongside Friends of Oceano Dunes where Coates’ issued her ruling — said in a statement Thursday they were also committed to protecting off-roading recreation in the Oceano Dunes.

“The Coastal Commission’s efforts to stop off-road access at Oceano Dunes were unreasonable and set a dangerous precedent,” the two entities’ statement said. “This is a hard-fought victory for the motorized recreation community and the millions of enthusiasts who recreate at Oceano Dunes each year.”

Wildlife advocacy groups say ruling is ‘deadly’ for protected bird species

Off-roading enthusiasts’ promise to continue fighting for continued access to the Oceano Dunes is matched by that of groups battling to prohibit vehicles in the park.

“Audubon will continue to advocate for the birds, wildlife, rare coastal dune habitat, and air quality issues in the surrounding communities, as well as equitable access to nature,” Jones said.

Audubon California, the Sierra Club and Center for Biological Diversity say Coates’ Wednesday ruling marked a turn for the worse for the future of the Oceano Dunes.

“This is a deadly decision for the endangered shorebirds that call Oceano Dunes home,” Ileene Anderson, a senior scientist at the Center for Biological Diversity, said in a statement to The Tribune on Thursday.

Santa Lucia Chapter of the Sierra Club director Andrew Christie noted that the ruling throws “the future of South County and the Oceano-Nipomo dunes complex into limbo.”

In her ruling, Coates wrote that the Coastal Commission went about its ban of off-roading in the Oceano Dunes park the wrong way by amending the park’s coastal development permit.

“There can be no dispute that the proper procedure is for the commission to first propose amendments to the (local coastal program) which authorizes such OHV driving,” Coates wrote.

To change the local coastal program, the Coastal Commission must submit proposed changes to the county or perhaps the State Legislature, Coates wrote in her ruling.