FOR IMMEDIATE RELEASE

Two Health Risk Analyses Confirm "No Significant Health Risk" From San Rafael Rock Quarry Operations
San Rafael, CA January 13, 2009

Plaintiff retracts Proposition 65 lawsuit.

As You Sow, a San Francisco-based non-profit environmental and consumer protection organization has dismissed Proposition 65 claims that were based on a faulty analysis of health risks from diesel emissions from trucks travelling to and from San Rafael Rock Quarry. In a letter to the Marin Supervisors, As You Sow acknowledged that its consultant’s analysis overstated health risks by 60 times. Once corrected, the analysis shows no significant health risk.

As You Sow brought the lawsuit against San Rafael Rock Quarry, Bill Dutra and The Dutra Group claiming violations of Proposition 65 for failure to warn of excessive diesel emissions from trucks traveling to and from the Quarry.

Last month, following an exchange of information and a review by the Quarry’s consultant, ENVIRON, that analysis was found to have significantly overstated diesel emission risks. Specifically, the analysis failed to convert grams per hour to grams per second and instead converted to grams per minute. The result was the analysis overstated health risk by 60 times. As corrected, it shows “no significant health risk” as defined in Proposition 65.

As You Sow will dismiss the lawsuit, and will retract its claims and otherwise correct the record with County and the Court. Spokesperson for the Quarry, Aimi Dutra, stated “We are pleased with the retraction. As you Sow did the right thing. Dutra also did the right thing by addressing the claims head on despite the time and expense required to establishing that they were erroneous. The outcome offers fresh proof that truck operations to and from the Quarry create no significant health risk”.

At the request of the Quarry, ENVIRON also performed a health risk assessment of diesel particulate emissions and crystalline silica in dust measured in and around San Rafael Rock Quarry, which have been raised as community concerns. Aimi Dutra reported “ The outcome of the ENVIRON study confirms the County’s findings in the draft EIR last year, that Quarry operations produce no significant health risk from either dust or diesel emissions.”

The operations that were analyzed include diesel emissions from trucks traveling to and from the Quarry, off-road equipment at the Quarry, tugboats operating barges to and from the Quarry pier, and dust from blasting, rock crushing, and loading of aggregate. The analysis assumed Quarry operations at their maximum permitted levels.

ENVIRON’s analysis found that Quarry operations pose no significant health risk for the community.

For further information, please contact Aimi Dutra, Community Relations Director, San Rafael Rock Quarry, (415) 307-1592 or adutra@dutragroup.com