El Dorado County Taxpayers for Quality Growth v. County of El Dorado

Good Law
122 Cal. App. 4th 1591·20 Cal. Rptr. 3d 224
Court of Appeal of CaliforniaOctober 14, 2004C044541California4,050 words

Opinion

Opinion

Davis, J.

In this action under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq. (CEQA)), El Dorado County Taxpayers for Quality Growth, Friends of Placer County Communities, Inc., and Steven Proe (plaintiffs) appeal from a judgment denying their petition for writ of mandate. In their petition, plaintiffs sought to overturn a decision of the El Dorado County Board of Supervisors (County). That decision approved a reclamation plan for a mining operation run by Spreckels Limestone Products Company (now Cool Cave Quarry, Inc.; hereafter Spreckels). County found that the reclamation plan would not have a significant effect on the environment, and consequently approved the plan based on a negative declaration.

Plaintiffs argue generally that the reclamation plan project required an environmental impact report (EIR) rather than a negative declaration. Specifically, plaintiffs contend (1) the project description in the initial study and negative declaration fails to describe the whole project, including its mining aspect; (2) the initial study and negative declaration improperly analyze only the reclamation aspect of the project divorced from its mining…

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