Nature Preserve Sued by City: Is the Dana Point Headlands Nature Preserve Shutting Out Locals?

Key Points:

• On January 21, Dana Point filed a lawsuit arguing that the preserve had been "unlawfully restricting" public access

• Dana Point Mayor John Muller claims that the Center for Natural Lands Management (CNLM) is "trying to keep the public out."

• CNLM argues that the "sights, sounds and smells of visitors can harm protected species" and claims too many visitors, both local and nonlocal, continue to go off trail and damage endemic species.

Gateway to the Nature Interpretive Center found at the top of Headlands in Dana Point

The city of Dana Point is counter suing the Center for Natural Lands Management (CNLM) over frequent shutdowns of public access to the blufftop trail; filed January 21st. The city’s action appears to be retaliation for a lawsuit CNLM filed to overturn fines placed on them by the city. CNLM claims the City has been "hostile and aggressive" in what appears to be an attempt to force the Center to reopen public access and abandon closure dates meant to prevent habitat disruption. The city is seeking $9.18 million for the 612 days and counting that the Trail has been closed to the public; charging the maximum fine of $15,000 dollars per day.

During the pandemic, the Dana Point Headlands Nature Preserve saw a significant increase in foot traffic on its trails. Headlands closed its gates for three months in order to minimize negative effects. Since then, the Center has limited trail access to three days a week. In statements explaining the restrictions, CNLM cites numerous studies detailing the negative impact of heavy public use on the preserve’s endemic plants and animals.

The trails have has always been popular for locals and tourists alike as they offer a free, unobscured view of the Dana Point Harbor and coastline, as well as Catalina and San Clemente Islands on a clear day. But even before the pandemic prompted people to take walks and hikes as a way to escape the isolation of being lockdowned at home, the trail suffered heavily from visitors who often would hop the short, wire fences in order to get a better shot of the coastline or cliff. By doing so, some harmed the native plants and animals.

A photo taken days before the trail was shut down by CNLM showing a photographer who had hopped the fence in order to get a picture of the coastline

As for how well the Center might fare in the lawsuit-- they might have an unexpected ace up their sleeve: the Endangered Species Act.

The Act protects certain animals regardless of their size; This is to the benefit of the Pacific Pocket Mouse. Though it is small in stature, the Pocket Mouse's leverage when it comes to protecting other endemic species in its habitat is far from insignificant. It just so happens the Pocket Mouse is found in only three places in the world--the Dana Point Headlands and two areas located in the Marine Corps Base Camp Pendleton-- and it is considered highly endangered.

The Pacific Pocket Mouse (Photo provided by the San Diego Zoo Alliance)

With the presence of the Pocket Mouse on the trail--as well as the presence of the highly threatened Coastal California Gnatcatcher-- and the power of the Endangered Species Act, it would seem the Headlines Center has a shot at winning its suit against the city of Dana Point and possibly getting those fines rescinded.

As the lawsuits move forward, the trails have continued to be open to the public but limited to three days a week.

To find out the dates/times the preserve is open, you can check out the official Dana Point website, or click here.