The Center for Biological Diversity and the Northern Chumash Tribal Council jointly sued the California Department of Parks and Recreation over its recently approved Oceano Dunes habitat conservation plan.
The environmental group and the Native American tribe believe the plan threatens federally protected species like Western snowy plovers and California least terns.
“The HCP [habitat conservation plan] authorizes new and expanded uses in areas recognized as environmentally sensitive habitat under the California Coastal Act,” the June lawsuit read. “It also authorizes activities that State Parks admits will take California least tern, a fully protected bird, even though State Parks has not obtained authorization for such take under California law through a Natural Communities Conservation Plan.”
While also challenging the certification of State Parks’ May 2026 final environmental impact report, the Center and tribal council argued that the habitat conservation plan became the basis for U.S. Fish and Wildlife Service to issue a permit in May for the state to allow off-road vehicle activity at the dunes.
“State Parks tried to dress up a dune buggy conservation plan as habitat improvement,” Jeff Miller, the Center’s senior conservation advocate, said in a press release. “The plan actually takes away needed protections for nesting plovers and terns. You’d expect this wanton disregard for imperiled wildlife from Trump, but it’s just sad seeing it coming from California.”
The Center’s latest lawsuit arrived after it also sued State Parks Director Armando Quintero and California Natural Resources Agency Secretary Wade Crowfoot, claiming the Oceano Dunes State Vehicular Recreation Area (SVRA) didn’t comply with the Endangered Species Act regarding snowy plover protection.
That 2020 lawsuit asked the court to declare State Parks was in violation of the act by allowing vehicles to drive on the beach in snowy plover habitat without obtaining a permit from the Fish and Wildlife Service.
An April 2026 injunction closed the SVRA to non-pedestrians though State Parks appealed it to a federal court. The SVRA also received an incidental take permit from the Fish and Wildlife Service in May, letting the park resume normal operations.
Filed in Sacramento County Superior Court, the latest lawsuit against State Parks claimed the agency failed to meaningfully consult with the Northern Chumash Tribal Council.
“The tribe timely requested consultation on the project and participated in one telephonic conversation with State Parks, which indicated its intention to engage in further consultation,” the lawsuit said. “In follow-up written correspondence on the draft EIR [environmental impact report] and HCP, the tribe requested that State Parks expand exclosures and limit OHV operations, as forms of feasible mitigation for impacts to cultural resources and imperiled species. State Parks did not implement any such measures or engage in any further consultation.”
The lawsuit added that the final environmental impact report understated existing environmental conditions and failed to fully study impacts to rare plants, dune habitat, public access near Oso Flaco Lake and nearby beaches, and non-motorized recreation.
The center and tribal council petitioned the court to set aside certification and approval of the final environmental impact report and habitat conservation plan. It also wants State Parks to produce a legally adequate environmental review and asked the court to block implementation of project approvals until CEQA compliance is achieved.
“Oceano Dunes is a place for all Californians and a refuge for some of our most imperiled birds,” Miller said in the press release. “Letting hobbyists degrade it for another 25 years based on a flawed environmental study is unthinkable.” ∆
This article appears in July 9-16, 2026.
Thank you Center for Biological Diversity and the Northern Chumash Tribal Council for taking to task, the California Department of Parks and Rec over their bogus Oceano Dunes habitat conservation plan.
It is time to shut down the Oceano Dunes to the offroad vehicles that have been destroying the sensitive habitat for far too long.
The CBD and NCTC should be congratulated and thanked for stepping up to the plate and challenging the flawed Habitat Protection Plan submitted by State Parks. In fact, it is a “dune riders protection plan.” I am confident the HCP will be rejected by the judicial system. Unfortunately, even if successful, it will only mean State Parks will be ordered to re-do the HCP and EIR
Let’s see. State Parks called NCT and talked with them. Then NCT wrote some comments and asked for some changes. Ultimately, State Parks did not do everything that NCT requested/demanded. Sounds like NCT loses the lawsuit.
Consultation? Yes. Obedience? No.