California Court of Appeal

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Bay Area Clean Environment, Inc. v. Santa Clara County, 040789

In an environmental non-profit organization's petition for peremptory writ of mandate challenging a County's approval of the reclamation plan amendment for closing and reclaiming the Permanente Quarry's mining operations over a 20-year period, asserting claims under the Surface Mining and Reclamation Act (SMARA), Pub. Resources Code section 2710, et seq., and CEQA, the trial court's denial of the petition is affirmed where: 1) the County did not abuse its discretion when it determined that the reclamation plan amendment satisfied SMARA's regulatory standards for water quality and wildlife habitat; and 2) the County properly certified the environmental impact report and approved the reclamation plan amendment in compliance with CEQA.

Appellate Information

  • Decided
  • Published 2016/08/31

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel