APCD loses another round on dust rule

July 16, 2015

By KAREN VELIE

The San Luis Obispo County Air Pollution District (APCD) lost another round Wednesday when the court sided with Friends of the Oceano Dunes and vacated a previous order that supported the dust rule.

Oceano Dunes 4

In Nov. 2011, the APCD Board passed the dust rule which requires state parks to reduce the amount of particulate matter blowing from the Oceano Dunes off-road vehicle area to natural levels or face fines of $1,000 per day. The regulation, which passed by one vote, is based on a contested study that concluded off-road activity on the dunes has caused an increase in pollution on the Nipomo Mesa.

In 2012, Friends of the Oceano Dunes filed a lawsuit citing numerous reasons the group believed the dust rule should be thrown out by a judge.

San Luis Obispo County Superior Court Judge Charles Crandall then ruled against against friends saying that the Oceano state park could be considered a man-made device and as such regulated by the air district’s dust rule.

In April 2015, the appellate court overturned Crandall’s ruling saying “the trial court erroneously ruled that an air pollution control district has the power to regulate air admissions emanating from a state park by a permit requirement.”

At a case management conference on Wednesday, Crandall expressed surprise at the appellate court’s ruling.

“That’s the way the cookie crumbles,” Crandall said.

Ray Biering, an attorney representing the APCD, asked Crandall to modify his previous ruling which noted support for the science behind the dust rule.

Crandall, however, vacated his ruling and set a hearing for Sept. 9.

Friends of the Oceano Dunes President Jim Suty said his group would like to work with the air district to protect endangered species and public health. In addition, if one area of the dunes is closed to off-road vehicles, friends would like to see another section of equal size opened.

“Its been death by a thousand fence posts with the APCD restricting, taking and penalizing,” Suty said. “We are seeking a cooperative working environment, to work for a common goal.”

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indigo1955

You don’t honestly believe any law or human need could possibly outweigh profit$?


falconbh

In this case the APCD has it right. They will lose some battles, in the end they will prevail and improve air quality and public health.


racket

Maybe. But to do so, they’d need to go after those that dirty the air, rather than going after those with deep pockets.


agbill

If APCD is funded by fines and pollution assessments , I think there is a conflict of purpose. Making the best effort to solve the pollution problem would eliminate the fining and assessing and kill the golden goose. I believe there is a need for pollution control, but there needs to be a less conflicting way to fund it.


shelworth

Does this mean they can turn the wind back on?


kayaknut

No raise for Larry Allen ……. just yet. No doubt he’ll make another attempt to get one very soon.


NorthCountyGuy

The APCD is fraud, waste and abuse of the taxpayer’s money.


APCD is as corrupt and ACORN and SEIU.


APCD is a prostitute of the highest bidder.


TacomaRose

I wonder if Gibson and or Hill will be foolish enough to go after Judge Crandall like they did the State worker who dared to voice his opinion … but as arrogant as Gibson and Hill are it wouldnt surprize me.


Rich in MB

Liberalism knows no bounds folks….

What next?


Pelican1

Bruce…Adam…what do you have to say for yourself now?


SloTownMan

Abolish the APCD


Rich in MB

It’s bureaucratic Tyranny folks.

Screw what the Voters say.

Screw what the Courts say


We are Government dammit and we are in control here, we will keep going after you with YOUR own tax dollars until we beat you down and get what WE the Elites think is good for you.


Democracy and the Courts be dammed!


You gave them this power over your lives folks….are you ready to take it back yet?


racket

I agree:


Larry Allen made a bogus, illegal “rule” using our money.


We sued the APCD for relief from the illegal rule, with our money.


Then, the hurt comes: APCD trys to defend the bogus rule, USING OUR MONEY.


Rich in MB

And what Cost does our good public servant Larry Allen Have?


Nada…he gets a paycheck to harass the People who pay his salary!


mbbizpro

Yeah, but look at all of the government jobs created by the APCD. Goes to our President’s theory that government creates jobs, not business owners. Elections have consequences. Hopefully we have learned our lessons.


Rich in MB

Unfortunately, there will be no lessons learned I’m afraid.

The low information voters will be entertained by the Capps-type lie commercials like in the last election and the next generation of bum politicians will work to control the sheeple.


Sorry folks, but we have history to guide us on this and to expect real hope and change, it to put a tooth under your pillow and expect to see a $1 in the morning. (Or updated for modern times…a welfare check)