McKenziek
Visalia, Ca
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Lawsuits aim to get dunes dust rule thrown out
http://www.theadobepress.com/articles/2012/01/20/news/news02.txt
Two lawsuits recently filed against the San Luis Obispo County Air Pollution Control District aim to persuade a judge to throw out a dust rule proposed for implementation at the Oceano Dunes.
Friends of Oceano Dunes, which boasts more than 28,000 members, filed the first lawsuit in county Superior Court earlier this month, citing numerous reasons the group believes a judge should throw out the dust rule.
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Dunes enthusiast Kevin P. Rice filed his own lawsuit against the APCD on Tuesday, alleging Rule 1001: Coastal Dunes Dust Control Requirements, adopted by the Air Pollution Control District last November, is a violation of the board’s “clear and present ministerial duties.”
The goal of the rule is to protect the health of downwind residents by reducing the amount of dust particles 10 microns in diameter — known as PM10 — blowing out of the Oceano Dunes State Vehicular Recreation Area, according to the APCD.
The new rule requires that State Parks, which has operated and maintained the Oceano Dunes SVRA for more than 25 years, meet California particulate matter standards by mid-2015 or face $1,000-per-day fines for exceeding state standards at the park.
Both pieces of litigation claim the APCD failed to publish an adequate notice of the mid-November 2011 public hearing held prior to the dust rule’s adoption, which denied the public its “due process.”
The two lawsuits contend that the APCD also pulled a “bait-and-switch” by providing one rule to the public and changing it three days prior to the hearing.
“In doing so, (the) APCD violated the law and denied the public's right to a proper hearing and to provide comment and make their voices heard,” Rice said.
APCD Director Larry Allen said the district’s legal counsel has advised himself and the board to not comment on the substance of the lawsuits because of the pending litigation.
“However, I can say that we are confident in the integrity of the rule and the lengthy process we followed for its adoption and strongly believe the rule will be upheld in court,” Allen said.
A case management conference for the Friends’ lawsuit is scheduled for Wednesday, Feb. 22, in Superior Court, Department 9. No date had been set for Rice’s case as of press time.
Friends also believe the dust rule is an attempt to eventually close the Oceano Dunes State Vehicular Recreation Area to all vehicle traffic, and that adoption of the rule exceeds the APCD’s authority.
“The rule attempts to regulate the Oceano Dunes in a way that is not lawful under the California Clean Air Act,” said Jim Suty, Friends of Oceano Dunes president.
A scientific study released by the APCD in 2010 claims that dust emissions from the popular off-highway park are creating health problems for Nipomo Mesa residents, although not everyone sides with the claims made in the study.
That study and pressure from local residents prompted the APCD to push for adoption of the rule, while State Parks attempted to reduce dust emissions from the dunes through pilot projects, such as wind fencing in the open-riding area.
”The rule also is unjustified because there is no credible scientific evidence that OHV riding is causing any significant increase in dust emissions,” Suty said. “The real problem is that natural winds blow sand (and) that happens regardless of whether there is OHV riding.”
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reno82
Cardiff by the Sea, CA
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Some counties in Arizona are using OHV dust as a means to stop/limit riding. I wonder how they are going to access a fine or demand for God/nature to cease those "hoboob's" which blew sand thousands of feet in the air and covered entire cities. People living by the beach crying about blowing sand makes about as much sense as Arizona trying to stop blowing sand. We all know it's just the anti-OHV crowd using any means to stop our recreation. I hope Kevin can find a judge with common sense who is not in the pocket of the environmentalist.
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DMAXXED
Morgan Hill, Cali
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What will they think of next?
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nayther
Burbank, CA
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This is great, going on the offensive (sort of).
Have some VERY close friends that live "down wind" of Oceano Dunes, and they're upset about all this.
* This post was
edited 01/23/12 11:24am by an administrator/moderator *
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jackxclan
bakersfield
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reno82 wrote:Some counties in Arizona are using OHV dust as a means to stop/limit riding. I wonder how they are going to access a fine or demand for God/nature to cease those "hoboob's" which blew sand thousands of feet in the air and covered entire cities. People living by the beach crying about blowing sand makes about as much sense as Arizona trying to stop blowing sand. We all know it's just the anti-OHV crowd using any means to stop our recreation. I hope Kevin can find a judge with common sense who is not in the pocket of the environmentalist.
We had a OHV park that was very close to a go here, Sierra club was all behind it till they got their miles of walking path's and got foot hills closed down. THEN the dust story came out and killed the project.
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McKenziek
Visalia, Ca
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nayther wrote:This is great, going on the offensive (sort of).
Have some VERY close friends that live "down wind" of Oceano Dunes, and they're upset about all this.
Upset with which viewpoint? Offroaders or the Eco's?
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midnightsmoker37@aol
Chino, California
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They wont be happy till its all gone. Wonder how the local economy will suffer if they got there way.
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