New deal would allow beach driving

RALEIGH -- Beach driving at Cape Hatteras National Seashore may be preserved yet.

Parties to a federal lawsuit agreed in principle to terms that would likely allow off-road driving at the popular park while providing more protection for wildlife.

But the deal could still fall apart, said Derb Carter, an attorney with the Southern Environmental Law Center.

Commissioners for Dare and Hyde counties and members of the Cape Hatteras Access Preservation Alliance have until Wednesday to vote on the terms, said Carter.

The terms of the settlement won't be public until the settlement is filed, Carter said. If approved by the court, it would likely allow some off-road vehicles on the beach, but would also likely close key nesting areas during parts of the year.

Those spots are also the most popular fishing spots, which generated much opposition. A large contingent feels closing those spots to driving will gravely hurt business on the island.

Carter, representing the National Audubon Society and the Defenders of Wildlife in the lawsuit against the National Park Service, said the agreement would be filed with or without the third party's blessing, but was hopeful they would agree.

"We are pleased to have all parties to the case at the negotiating table and in agreement in principle," Carter said in a news release, which also said that key opponent John Couch, president of the Outer Banks Preservation Association, would recommend approval of the settlement.

Reached late Friday night, Couch confirmed that his group will recommend approval. "Bobby Outten, Dare County attorney, and Larry Liebesman of [law firm] Holland and Knight LLP, outside counsel for the defendant interveners, are very pleased that the parties have reached agreement in principle and will recommend to the interveners that the settlement be approved as soon as possible next week.

Couch said he hoped his group's board could act as soon as Monday. Outten has to "run it by" the Dare County commissioners, he said.

The lawsuit contended the government had long ignored federal laws requiring a plan to keep nesting birds and turtles safe from vehicles at the park.

And U.S. District Judge Terrence Boyle said last Friday that the environmental groups had a compelling case, but gave the parties a week to submit a plan.

Attorneys were working late Friday evening to file for a continuance to Wednesday.

Outten did not return phone calls Friday seeking comment.

javier.serna@newsobserver.com or (919) 836-4953.