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Sierra Club v. California Parks & Recreation

ELR Citation: 42 ELR 20010
Nos. B230095, (Cal. App. 2d Dist. , 01/09/2012)

A California appellate court upheld a lower court decision dismissing a petition to compel the state's parks and recreation department to ban off-highway vehicle recreation on certain leased portions of the Oceano Dunes State Vehicular Recreational Area. It is too late to review the 1982 coastal development permit that allows off-highway vehicles on portions of the leased property. Moreover, the department has no clear and present ministerial duty to ban off-highway vehicle activities on the property. And because there is no current "development" within the meaning of the California Coastal Act, it is too early for judicial review.