Judge rules against two suits over APCD dust rule
April 24, 2013
Judge Charles Crandall rejected the requests made by Friends of Oceano Dunes, an organization that supports off-road vehicle activity at the beach, and Kevin Rice, a San Luis Obispo citizen, to throw out the APCD’s dust rule.
The dust rule requires the California Department of Parks and Recreation to reduce the particulate matter blowing from the Oceano Dunes State Vehicular Recreation Area of face fines of $1,000 per day. The rule is based on a study that concludes off-road vehicle activity on the dunes has caused an increase in particulate matter blowing to the Nipomo Mesa.
Friends of Oceano Dunes argued that the APCD study used flawed scientific practices and failed to prove that off-road vehicle activity has caused an increase in pollution on the Nipomo Mesa.
But, Crandall ruled that the district’s interpretation of the science was sound.
“Friends and State Parks have not presented compelling evidence that the District’s interpretation and reliance on the scientific evidence was arbitrary or capricious,” Crandall wrote.
Rice argued in his suit that the APCD broke state law in the process of creating the dust rule by changing the draft of the regulation just prior to its board hearing and by failing to properly notify the public as to how to comment on the rule prior to its adoption.
Crandall, however, determined that the APCD followed state law. The judge said that the air district did not make significant changes to its final draft of the dust rule and that it allowed for enough public input on the matter.
Rice would not say whether he plans to appeal the ruling. Friends of Oceano Dunes, too, could appeal the decision.
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 state 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.