Judge Reinstates Off-Roader Ban in Dunes Area

A federal judge in San Francisco has temporarily reinstated a ban on off-road vehicles on a vast expanse of sand dunes in Imperial County that has been the site of a long-running dispute between conservationists and champions of motorized recreation.

The steep, sandy slopes of the Algodones Dunes are a magnet for thousands of dirt bike and all-terrain vehicle enthusiasts but are also home to about 160 rare plants and animals.

The U.S. District Court decision, handed down Tuesday, ensures that nearly half the dunes, about 50,000 acres, will remain off limits to off-road machines pending further action in the case.

“Nothing changes on the ground. It’s a stay against any change in use at the dunes. To us, this is a victory. This is a very good step in the right direction,” said Julie Teel, attorney for the Center for Biological Diversity, one of four environmental groups involved in the case.

The groups filed a lawsuit in May challenging the Bush administration over a biological study that is part of a proposed management plan for the dunes. The suit argues that the study, prepared by the U.S. Fish and Wildlife Service, was flawed and formed the basis for a decision by the Bureau of Land Management to open most of the dunes for off-road vehicle use.

Plaintiffs in the suit, including the Center for Biological Diversity, the Sierra Club, Public Employees for Environmental Responsibility and Desert Survivors, said widespread use of off-road vehicles at the dunes would harm a variety of plants and animals, in particular the Peirson’s milk vetch, a rare plant protected under the Endangered Species Act.

Conservation groups sought a preliminary injunction to prevent lifting of the off-road vehicle ban, which had been ordered by the Clinton administration. The federal agencies argued that one was not needed because they were prepared to review the biological study. But U.S. District Court Judge Susan Illston ruled that the land must remain closed to vehicle use until the court has an opportunity to examine the biological study.

Conservationists and off-road enthusiasts have tussled for control of the 40-mile-long dune area for decades. The dunes draw more than 3 million visitors a year. On busy holiday weekends, as many as 250,000 off-road riders gather there.

Two years ago, three people were killed and dozens injured, including a park ranger who was run over, during Thanksgiving weekend.

In January the California Off-Highway Motor Vehicle Recreation Commission refused to continue state funding for administration of the recreation area, charging that the BLM had poorly managed the area.