Lake County Energy Council v. County of Lake

Real party in interest Magma Energy, Inc. (hereafter Magma) applied to respondent Lake County Planning Commission (hereafter Planning Commission) for a use permit to drill three exploratory geothermal wells in an area on the slope of Mt. Konocti in Lake County. The Planning Commission ordered that a full environmental impact report (EIR) be prepared prior to approval of the permit. Magma filed an EIR, analyzing only the effects of the exploratory drilling. No consideration was given to the impact of a geothermal production unit in the event the exploratory wells were successful. The Planning Commission certified the EIR as being in compliance with the California Environmental Quality Act (hereafter CEQA), but denied Magma the use permit under section 78.2 of the Lake County Zoning Ordinance.

Magma appealed to respondent Lake County Board of Supervisors (hereafter Board of Supervisors) which overturned the Planning Commission decision and ordered that the Planning Commission issue a use permit for two of the exploratory wells. Appellant Lake County Energy Council filed in the superior court a petition for writ of mandate, seeking to set aside the certification of the EIR…