Oro Fino Glod Mining Corp. v. County of El Dorado

Oro Fino Gold Mining Corporation (Oro) appeals from a judgment denying its petition for writ of mandate. In that petition, Oro sought to overturn a decision of the El Dorado County Board of Supervisors (Board) denying Oro a special use permit for a mineral exploration project. In denying the permit, the Board found that it can be fairly argued that the project may have a significant environmental impact. Accordingly, the Board determined that before Oro’s permit application could be reconsidered, an environmental impact report (EIR) would have to be drafted.

On appeal Oro contends that both the Board and the Motherlode Alliance (MLA) are collaterally estopped from litigating the issues in this case. Oro also contends that it cannot be fairly argued on the basis of substantial evidence that the project as mitigated may have a significant environmental impact. We disagree with these contentions and shall affirm the judgment.

Background

In September 1987, Oro applied to the County for a special use permit for a mineral exploration project. The project entailed drilling exploratory holes on a 717-acre section in the Big Canyon Creek area. The proposed exploration area lies…