Friends of Oceano Dunes appeals judge’s ruling
May 27, 2013
San Francisco attorney Thomas Roth has filed an appeal on behalf of Friends of Oceano Dunes over San Luis Obispo Superior Court Judge Charles Crandall’s ruling that the APCD has the authority to regulate off-road vehicle activity on the Oceano Dunes.
The dust rule requires the California Department of Parks to reduce the amount of particulate matter blowing from the Oceano Dunes to Nipomo Mesa or face fines of $1,000 a day.
Friends of Oceano Dunes argued that the APCD used flawed scientific practices and failed to prove that off-road vehicle activity on the dunes has caused an increase in pollution on the Nipomo Mesa.
Last month, Crandall upheld the dust rule, ruling against the challenges of Friends of Oceano Dunes and Kevin Rice, a San Luis Obispo citizen. Rice argued that the APCD broke state law by changing the draft of the dust rule just prior to adoption and by failing to notify the public as to how to comment on the matter before it came before the air district board.
Rice chose not to appeal Crandall’s ruling.
The APCD is currently working with state parks to implement the dust rule. However, California Attorney General Kamala Harris has sued the air district on behalf of sate parks, also alleging that the agency used faulty science to reach the conclusion that off-road activity on the dunes is causing an increase in air pollution on the Nipomo Mesa.