From the SEMA Washington, D.C., office
The California Court of Appeal for the Second Appellate District of California, Division 6, recently ruled that the California Coastal Commission does not have the authority to prohibit motorized recreational and overnight camping access at Oceano Dunes State Vehicle Recreation Area (ODSVRA) located near Pismo Beach, California.
According to the Court, the commission's attempt to terminate OHV use at ODSVRA was in conflict with the County of San Luis Obispo's existing Local Coastal Program (LCP), which, among other things, expressly allows OHV use at ODSVRA as part of its recreational element. Under the California Coastal Act, the County LCP--not the Coastal Commission's policy preferences--controls what activities can take place within the county's coastal zone, including Oceano Dunes.
The Court of Appeal's decision follows nearly four years of litigation, in which SEMA, EcoLogic Partners, Inc. (a legal collaboration between the Off-Road Business Association (ORBA), American Sand Association (ASA) and American Motorcyclist Association (AMA) District 37), and Friends of Oceano Dunes sued the Coastal Commission over its March 2021 order demanding that the California Department of Parks and Recreation eliminate OHV use at the ODSVRA. While Friends of Oceano Dunes and EcoLogic/SEMA filed separate lawsuits, both sets of plaintiffs argued successfully that the commission's action was inconsistent with the County's LCP, resulting in a violation of the Coastal Act. The California Court of San Luis Obispo County ruled in favor of SEMA, EcoLogic and Friends of Oceano Dunes in July 2023, which was reaffirmed by the Court of Appeals' recent decision.
"This ruling is a huge win in the fight to protect motorized recreation access in California and across the United States," announced Mike Spagnola, president & CEO of SEMA. "The Coastal Commission's efforts to stop off-road access at Oceano Dunes were unreasonable and set a dangerous precedent. "This is a hard-fought victory for the motorized recreation community and the millions of enthusiasts that recreate at Oceano Dunes each year. SEMA is proud to have supported this lawsuit and is committed to protecting the right to responsibly recreate on California's coast and public lands throughout the country."
The Court of Appeal's decision confirms that OHV recreation at ODSVRA is a lawful use under the County LCP and the Coastal Act generally. The Coastal Commission can either accept that decision or appeal the matter to the California Supreme Court, which grants review in about 3% of the petitions it receives.
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