We’ll see. That’s the rumor. The judge delayed his ruling on the preliminary injunction last Friday so the two sides could come to a negotiated agreement. That’s supposed to be announced today. There is one wrinkle to this convoluted issue. I spoke with Carl Tobias, a law professor at the University of Richmond, who’s been following the case. He said that the judge granted a request for a group representing ORV drivers to be heard as intervenors in the suit. That means if they don’t like the agreement between the Park Service (the defendant) and the environmental groups (the plaintiffs), they can appeal.

As Tobias said, “They’re entitled to try to have a settlement on terms agreeable to them, and if not, then they can appeal to the 4th Circuit [Court in Richmond].”

He said even if that appeal was expedited on an emergency basis it could take months to be heard.

“Judge Boyle is a really experienced judge,” Tobias said. “My guess is he’ll try to work out something in the interim that will try to protect the ORV folks and also protect the birds. Maybe he’ll close some parts of it but be selective and not shut down the whole seashore.”

Some kind of decision is expected by the end of the day. I’ll post the results as soon as they’re available.

Posted by Andy Thompson in • Outdoors • Parks • Travel
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