Perley

Plaintiff Richard H. Perley appeals from the denial of his petition for a writ of mandate directing respondent Board of Supervisors of Calaveras County (board) to vacate its decisions approving a conditional use permit and a reclamation plan for a proposed mining project of real party Western Source, Inc. (WSI), and to enjoin further action on the project by the county or the developer pending the preparation of an adequate environmental impact report (EIR). Plaintiff contends the board abused its discretion in adopting a “negative declaration” (i.e., a statement that the proposed project would not have a “significant effect” on the environment), rather than requiring an EIR, since there was “serious public controversy” about the environmental impact of the project in question and it could be “fairly argued based on substantial evidence” in the administrative record that it would have a “significant effect.” We affirm the trial court’s denial of the writ of mandate.

Facts

In early 1979, WSI acquired approximately 170 acres of property and control over additional acreage under a reciprocal use agreement for a talc mining operation. Six to seven acres of property would be…