This CRA spokes-suit is spinning like a top! The dismissal of the motion to dismiss is not a validation of public health concerns. It is simply a decision by the judge that the County did not meet it's burden of proof that the legal question does not have merit. The question at hand it whether the County can be compelled to regulate traffic on a state highway, or if they can follow the legal counsel of their own counsel and not impede street-legal vehicles from using a public roadway.
Ironically, the "news" article got several material facts wrong- such as claiming that the trucks run through Virginia City itself.
If the CRA continues with this hyperbole (using terms like "terrific danger", which is the biggest malarky), they will continue to marginalize themselves.
The trucks operate safely- they usually drive at about 25 miles per hour in a stretch that has a 45 mph speed limit. They have safety lights on them, and it is rare for more than 1 or 2 cars to be following any truck. CMI has a dispatcher (who has radio contact as well as GPS locators on each truck), security guards, flaggers and spotters to ensure that the trucks operate safely on that mile of rural highway outside of town.
CMI also has several street sweepers that sweep the highway of residual dirt or rock morning and night, and during the day as needed.
The "health concerns" are overblown. The EPA themselves came out in the 1990's and conducted sampling- they concluded that the only risk to humans was children under 6 ingesting dirt- and that there was virtually no airborne contamination risk.
These guys are grasping at straws.... and the community is starting to see them for the anti-progress obstructionists that they are. My patience with them is wearing thin- especially when they present themselves as if they represent the entire community, which is nowhere near true.
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