Bay Area Clean Environment v. Santa Clara Co.

Filed 8/31/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

BAY AREA CLEAN ENVIRONMENT, H040789

INC., (Santa Clara County Super. Ct. No. 1-12-CV229236) Plaintiff and Appellant,

v.

SANTA CLARA COUNTY et al.,

Defendants and Respondents;

LEHIGH SOUTHWEST CEMENT

COMPANY et al.

Real Parties In Interest and Respondents.

The Permanente Quarry (Quarry) is a 3,510-acre surface mining operation producing limestone and aggregate for the manufacture of cement, and is located in an unincorporated area of Santa Clara County. The Quarry has been in existence since 1903, and is currently owned by Lehigh Southwest Cement Company and Hanson Permanente Cement (collectively “Lehigh”). At issue in this case is the Santa Clara County Board of Supervisors’ (County) 2012 approval of a reclamation plan amendment for closing and reclaiming the Quarry’s mining operations over a 20-year period. The County approved the reclamation plan amendment following a review under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000, et seq.) and certification of…