Blaming Radicals - Oct. 10 2009

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Editorial OBX Alert Oct. 10, 2009 Blaming Radicals for Beach Closures Some rather harsh words were uttered by Dare County commissioners at their meeting this week. The subject was beach closures at Cape Hatteras National Seashore during the nesting season for endangered shorebirds and sea turtles. County Commissioner Richard John referred to the Southern Environmental Law Center, which prompted the closures by going to federal court, as "a bunch of radical people who don't care about wildlife." "It's painfully obvious," said commission chairman Warren Judge, "it's a tremendous uphill battle to address the environmental lobby." Was that a reference to the Law Center, or to legislators and their assistants with whom Judge, Commissioner Allen Burrus and county attorney Bobby Outten recently spent three days in Washington futilely lobbying? Regardless, it's also obvious that county resistance to the court mandated closures has become increasing expensive with no return on investment. Not so far, anyway. A resident who has inspected and photocopied county billing records reports that "within less than six months after approving the estimated legal contract of $100,000 with Holland & Knight," Dare County has obligated itself to approximately $204,000 in legal fees to that firm, plus another $27,000 in fees to Hornthal, Riley, Ellis & Maland. Prior to that, Rep. Walter Jones (3rd Dist., N.C.) got nowhere after introducing a bill in Congress intended to countermand the closures. So-called "radical people" aside, what really led to the closures was the fact that for years the National Park Service failed to produce a plan, as required, for off-road vehicles at the National Seashore. And let's not forget that despite all the harsh words and current wringing of hands by Dare County commissioners they elected to join the Park Service last year in going along with the consent degree that led to the closures. At the time, they maintained they had no recourse. But they were advised in advance by Judge Terrence Boyle that by accepting the decree they would close the door on any grounds for legal appeal. That in a nutshell is where the commission finds itself now, attempting to overturn something it agreed to. The voice of reason at this week's commission meeting was that of Commissioner Allen Burrus, a Hatteras Islander who said of attempting to reverse or modify the closures "standing and screaming won't do it. We are finally doing things in a professional way." The evidence of professionalism was difficult to see, but let us hope so. ~

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