New lawsuit challenges expansion of dust control on Oceano Dunes
Friends of the Oceano Dunes files new lawsuit against California Coastal Commission
– This week, nonprofit The Friends of Oceano Dunes filed a new lawsuit against the California Coastal Commission, challenging its Dec. 17, 2021 approval, and related issuance of a coastal development permit to California State Parks for additional dust control measures for Oceano Dunes State Vehicular Recreation Area.
According to the CCC staff report, dust control efforts are meant to implement measures designed to comply with San Luis Obispo County Air Pollution Control District air quality requirements, including “Rule 1001… which was adopted by the Air District in 2011.” In 2021, the nonprofit won a lawsuit against the Air District when the court declared void the sole intergovernmental agreement adopted to implement Rule 1001.
The new lawsuit asserts “CCC overstepped its authority because SLO County expressly limited its consent to the permit process to actions to implement Rule 1001, and the Air District represented to the court that it no longer enforces Rule 1001. So, contrary to the CCC assertion, Rule 1001 cannot be the basis for the dust control expansion.”
In addition, “any consent by SLO County must be granted by the Board of Supervisors, which was never granted.” The amended CDP also independently requires affirmative consent by all landowners, but there is “no evidence that the CCC obtained the consent of SLO County as the owner of the La Grande Tract in Oceano Dunes SVRA for the expanded dust control,” the lawsuit claims.
The nonprofit says it will continue to pursue all legal remedies to protect beach driving, camping, and OHV recreation at Oceano Dunes SVRA the way it has been occurring for the last 100 years.
Friends of Oceano Dunes is a 501(C)(3) California not-for-profit corporation expressly created in 2001 to preserve camping and off-highway vehicle recreation at the Oceano Dunes State Vehicle Recreation Area (ODSVRA). For more information visit www.oceanodunes.org.
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