April 4, 2008

Va Pilot: Parties work to settle

The Virginia Pilot reports that the SELC and the National Park Service have requested that the hearing on the prelininary injunction be postponed while they work on settling the injunction request.
"... the plaintiffs, Defenders of Wildlife and the National Audubon Society, and the federal defendants, the National Park Service, filed motions Wednesday asking that the hearing be continued for a week to allow more time to reach a settlement.

The intervenor defendants, Hyde and Dare counties and the Cape Hatteras Access Preservation Alliance, objected, saying the proposed order would agree to terms of which they would not be aware"
The second paragraph in this quote makes this development even more interesting. Obviously the NPS is not working with the intervenor on the suit. I have argued in previous posts that the NPS does not mind the injunction since takes the burden of protecting shore birds off there shoulders and puts it on the SELC, its partners and Judge Boyle. The NPS response to the injunction was a weak mea culpa, now when after the intervenors have filed a response that can't be ignored the NPS moves to cut a deal.
The deal part is probably smart, I have suggested that strategy before since I feel the SELC has an excellent chance of winning its case. I was not suggesting that the NPS be the ones cutting the deal. They will sell out the park or a song and Dare County et al are wise to be concerned.
Watch this space for the next installment.


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