San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus

Appellant San Joaquin Raptor/Wildlife Rescue Center (SJR) appeals from a judgment of the superior court denying SJR’s petition for writ of administrative mandamus. The petitioner challenged the issuance by respondent County of Stanislaus (County) to respondent Western Stone Products (Western Stone) of a use permit authorizing Western Stone to extract sand and gravel from a 20-acre area located near the Tuolumne River, and the County’s adoption of a mitigated negative declaration for the project. The County conducted an initial study and concluded that Western Stone’s project would not have a significant adverse effect on the environment if certain mitigation measures were incorporated into the project, and that therefore no environmental impact report (EIR) was required. We will affirm the judgment.

Appellant’s Contentions

SJR contends that the superior court’s denial of its petition for writ of administrative mandamus was erroneous for three reasons. First, SJR contends that the ruling was erroneous because evidence in the administrative record supports a fair argument that significant environmental impacts or effects may occur. Second, SJR argues that the County did…