From the SEMA Washington, D.C., office
In a major, decisive win for off-road enthusiasts, the California Supreme Court recently declined to hear a petition from the California Coastal Commission (CCC), thus preserving access to Oceano Dunes State Vehicle Recreation Area (ODSVRA) located near Pismo Beach, California.
The CCC sought to ban off-highway vehicles (OHVs) at Oceano Dunes. But by declining the CCC's petition, the Court's instead affirmed a legal victory for SEMA, EcoLogic Partners, Inc., and Friends of Oceano Dunes that protects motorized access to the area and makes permanent the March 2025 decision by the California Court of Appeal for the Second Appellate District of California, Division 6, of Coastal Act violations by the CCC. That earlier ruling held that the Coastal Act was violated when the CCC ordered the phase-out of OHV use at Oceano Dunes.
The ruling preserves motorized access to an area that's the only place in California where off-road enthusiasts can drive and camp on the beach, with unique sand dunes and options for off-roading, camping and exploring.
What This Means for OHV Access in California
This is a momentous victory for OHV access. The decision ends nearly four years of litigation, in which SEMA, EcoLogic Partners, Inc. (a legal collaboration between the Off-Road Business Association (ORBA), American Sand Association (ASA) and American Motorcyclist Association (AMA) District 37), and Friends of Oceano Dunes sued the Coastal Commission over a March 2021 order demanding Department of Parks and Recreation eliminate OHV use at the Oceano Dunes State Vehicle Recreation Area. The Court's decision ensures that OHV recreation at Oceano Dunes is a lawful use under the County of San Luis Obispo's existing Local Coastal Program and, more generally, the Coastal Act.
- The Coastal Commission has no additional legal options to appeal the matter.
SEMA says: "This ruling is a huge win in the fight to protect motorized recreation access in California and across the United States," announced SEMA President and CEO Mike Spagnola. "The Coastal Commission's efforts to stop off-road access at Oceano Dunes were unreasonable and set a dangerous precedent. "This is a hard-fought victory for the motorized recreation community and the millions of enthusiasts that recreate at Oceano Dunes each year. SEMA is proud to have supported this lawsuit and is committed to protecting the right to responsibly recreate on California's coast and public lands throughout the country."
Background
While Friends of Oceano Dunes and EcoLogic/SEMA filed separate lawsuits, both sets of plaintiffs argued successfully that the commission's action was inconsistent with the County's Local Coastal Program, resulting in a violation of the Coastal Act.
The California Court of San Luis Obispo County in June 2023 ruled in favor of SEMA, EcoLogic and Friends of Oceano Dunes, which was reaffirmed by the Court of Appeals' ruling that the commission's attempt to terminate OHV use at the Oceano Dunes State Vehicle Recreation Area was in conflict with the County of San Luis Obispo's existing Local Coastal Program.
The Local Coastal Program expressly allows OHV use at the Oceano Dunes State Vehicle Recreation Area as part of its recreational element. Under the California Coastal Act, the county's program – and not the Coastal Commission's policy preferences – controls what activities can take place within the county's coastal zone, including Oceano Dunes.
Photo courtesy of Shutterstock
