Friends of Oceano Dunes appeals judge’s ruling

May 27, 2013

off-roadThe legal battle over the controversial San Luis Obispo County Air Pollution Control Disctict dust rule will continue in an appellate court.

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.


Inline Feedbacks
View all comments

Kamala Harris… is amazing.. This makes me so happy.. Return to mother nature.. Instead of pollution..


well, after reading all this, and doing research about challenges that other OHV parks are facing throughout the state i would guess that there is more than particulates at issue here. it’s a red herring. i’m afraid the dunes are one of several fronts.

Afraid FOOD and Kevin P. Rice will soon be eating sand as their main source of nourishment. They want those of us in Oceano and the Nipomo Dunes to die of silicosis from their derelict use of the dunes to grind all the sand into an aerosol so it can easily be dispersed. These people are losers and will continue to be. Isn’t it great to see them throw their money away and likely have to pay all court costs. FOOD;s best fiend, KPR, has a background of criminal activity he placed on the internet., most of which he took down when he was running for office. But, copies exist and he will never get away from the tainted FOOD.

so what can we build there?