San Joaquin Raptor Rescue Center v. County of Merced

San Joaquin Raptor Rescue Center, Protect Our Water and Le Grand Community Association (collectively Petitioners) appeal from the trial court’s judgment denying their petition for writ of mandate. Specifically, Petitioners challenge the decision by the Merced County Board of Supervisors (County) to certify the environmental impact report (EIR) and approve the conditional use permit (CUP) regarding a proposed expansion of an aggregate mining operation near the community of Le Grand (the Project). Petitioners contend the County’s action was invalid under the California Environmental Quality Act (CEQA) because the EIR allegedly failed to accurately describe the Project and its baseline environmental setting, failed to adequately address and/or mitigate certain environmental impacts, and failed to adequately consider project alternatives. The trial court denied the petition. We will reverse with instructions to grant the writ of mandate.

BACKGROUND FACTS

Real party in interest, Jaxon Enterprises, Inc. (Jaxon), is owner of an existing aggregate mine and processing operation about four miles northeast of Le Grand in Merced County. The aggregate materials extracted from the…