Owens Lake Trail 2

 

Here’s a little background on the Los Angeles Department of Water and Power vs Great Basin Unified Air Pollution Control District (GBUAPC) legal battle the end result of which is a win/win, or lose/lose, depending on one’s point of view.

GBUAPC identified an area on the Owens Lake shore that required dust controls. The area was not publicly identified as it has cultural significance to the area’s indigenous peoples.  LADWP declined to do so. GBUAPC started levying fines, at a rate in excess of $5,500 a day.  According to a press release from LADWP, the total accrued exceeded $1 million. LADWP sued GBUAPC.

The Superior Court of California, in the County of Sacramento, came out with its decision, dated September 27. The 11-page ruling provides detailed background but the meat of the decision is
simple: LADWP doesn’t have to pay the fines but has to provide dust mitigation on the area in question. Judge Shelleyanne Chang’s conclusion: “there was no common understanding or mutual agreement as to treatment of the area.”

So- like modern-day Little League games—everybody wins.

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