California Court of Appeal

In plaintiffs' suit under the California Environmental Quality Act (CEQA) challenging the adequacy of the environmental analysis performed by the county concerning a proposed surface mining operation on 40 acres of foothill property in the county, trial court's denial of plaintiffs' petition for writ of mandate seeking to set aside the county's determinations is reversed and vacated as plaintiffs are correct in their fundamental claim on appeal that the county's role as lead agency under CEQA, in conjunction with its responsibilities under Surface Mining and Reclamation Act, (SMARA) required it to evaluate the environmental effects of the whole surface mining project even though that project was on federally owned land.

Appellate Information

• Decided 11/19/2010
• Published 11/19/2010

Judges

• Kane

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John L.B. Smith, Theresa Goldner