California Court of Appeal

Plaintiff, a non-profit corporation and voluntary association, appeals the dismissal of its writ of mandate petition and complaint for declaratory and injunctive relief. Plaintiff contends that defendant local air pollution control district exceeded its authority in adopting Rule 1001 of Regulation X, which requires that the California Department of Parks and Recreation obtain an air emissions permit to operate the Oceano Dunes States Vehicular Recreation Area. The trial court found that Health and Safety Code section 42300(a) authorized defendant to impose a permit system to regulate sand and dust emissions caused by off-road recreational vehicles using the state park. The judgment of the trial court is reversed, where: 1) the rule of ejusdem generic requires that in the contest of construing section 42300(a), a state park is not a "contrivance"; and 2) the trial court therefore erroneously ruled that defendant has the power to regulate air emissions emanating from a state park by a permit requirement.

Appellate Information

• Decided 04/06/2015
• Published 04/06/2015

Judges

• Yegan

Court

• California Court of Appeal

Counsel