Oceano dust rule in court
January 25, 2013
A San Luis Obispo County Superior Court judge heard arguments for and against the controversial dust rule that requires state parks to reduce particulate matter blowing from the Oceano Dunes State Vehicular Recreation Area or face fines of $1,000 per day.
Lawyers for the California Department of Parks and Recreation and the California Attorney General office argued that the Air Pollution Control District’s (APCD) study that the rule is based on found no correlation between riding activity and increased particulate matter blowing from the dunes and that there is no evidence of dune crust as claimed by the APCD.
Kevin Rice, a San Luis Obispo man who also filed a suit contesting the rule, said the district failed to follow California laws when it passed the dust rule. Both complainants are requesting that the rule be overturned.
Counsel for the air district, Ray Biering, argued that the APCD study had shown higher dust levels downwind when vehicles are riding on the dunes. He also noted that the study was peer reviewed.
After listening to both sides, Judge Charles Crandall said he would rule on the matter ,but not till after he caught up on several other cases.