Order to stop Oceano Dunes dust mitigation puts public health at risk, CA attorney general says
Additional dust pollution mitigation work has been stalled for more than a month at the Oceano Dunes as an off-roading advocacy group fights the state’s approval of the work.
Such delay may put the public’s health at risk and the state out of compliance with its court-ordered duty to reduce emissions from the dunes, according to court documents filed by the California Attorney General’s Office in San Luis Obispo Superior Court.
Friends of Oceano Dunes filed a lawsuit in January against the California Coastal Commission for its Dec. 17 approval of a California State Parks proposal to add 130 acres of dust mitigation measures at Oceano Dunes State Vehicular Recreation Area — the popular off-roading park in southern San Luis Obispo County.
The lawsuit alleges the Coastal Commission “abused its discretion” in allowing the additional dust reduction work.
The January lawsuit is the latest in a string filed over several years by the group that argue the various efforts by State Parks, the Coastal Commission and San Luis Obispo County Air Pollution Control District to reduce the unnatural dust pollution emitting from the Oceano Dunes are illegal.
Every year since 2011, State Parks has implemented dust control measures in an effort to curb the emissions from the dunes. Although they are naturally dusty, studies show that areas with more vehicle activity emit more dust than other areas at the Oceano Dunes.
In total, 413 acres of the off-roading park are set aside for dust mitigation, including temporary sand fencing, permanent re-vegetation or foredune restoration.
Friends of Oceano Dunes filed for a preliminary injunction in its January case against the additional dust mitigation acreage — meaning it wants the judge to prohibit the 130 acres of new measures to be installed while the court case is ongoing.
Judge Tana Coates issued a temporary restraining order Feb. 17 blocking the 130 acres from being installed until a hearing could be held on the justification of adding the acreage of dust mitigations and whether the Coastal Commission should be allowed to mandate implementation of the dust control measures.
The hearing was originally scheduled for March 30 but was delayed until April 6, according to court documents.
Beyond Friends of Oceano Dunes’ arguments that the Coastal Commission abused its discretion and misunderstood the California Coastal Act in its approval of State Parks’ proposal to install the 130 acres of dust mitigation — the group alleges that the additional acreage will cause harm to off-roaders.
Blocking the additional acreage at the Oceano Dunes to off-roading may create safety concerns because it could delay emergency response to some areas of the dunes and increase the likelihood of traffic collisions, the group alleges in court documents. It also alleges that riders’ right to recreate on the coast would be impeded should the additional dust mitigation acreage be installed.
“I do not believe there is or will be a safety issue concerning off-highway motor vehicle riding associated with the installation of dust controls,” Kevin Pearce, chief ranger for the State Parks Oceano Dunes District, wrote in a declaration filed in court in response to Friends’ allegations.
Pearce noted in his declaration that State Parks has the authority to reduce safety concerns by requiring reduced vehicle speed, reducing the number of off-highway motor vehicles in the park, reshaping routes and placing signage or barriers at dangerous points in the dunes, among other measures.
Additionally, the state and Jon O’Brien, the environmental program manager for the Off-Highway Motor Vehicle Recreation Division of State Parks, said in court documents that delaying or prohibiting the implementation of the additional 130 acres of dust mitigations at the Oceano Dunes may put the state out of compliance of the stipulated order of abatement, which orders State Parks to reduce dust emissions from the dunes by 50% by 2023.
“The project is being conducted for the public benefit,” court documents filed by the state Attorney General’s Office, which is defending the Coastal Commission, say. “The project is meant to implement measures designed to comply with the (San Luis Obispo County Air Pollution Control District’s) air quality requirements, as well as state and federal requirements, which are intended to protect human health. Any further delay in implementing the required dust control measures may result in irreparable harm to the public interest.”
“In contrast, (Friends of Oceano Dunes) will not suffer any irreparable harm if the preliminary injunction is denied,” the documents continue. “Even with a reduction in OHV riding area due to additional dust controls, Oceano Dunes SVRA still has 894 acres of riding area dedicated to OHV use.”
The hearing on the preliminary injunction is scheduled to be held in San Luis Obispo Superior Court on April 6 at 9 a.m.
This story was originally published April 1, 2022 at 12:41 PM.
