Bay Area Clean Env't, Inc. v. Santa Clara Cnty.
Opinion
Lead Opinion
Rushing, J.
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 an environmental impact report.
Bay Area Clean Environment, Inc. (Bay Area) is a non-profit organization that represents residents of Santa Clara County. On July 26, 2013, Bay Area filed a petition for peremptory writ of mandate challenging the County's approval of the reclamation plan amendment. Bay Area asserted claims under the Surface Mining and Reclamation Act (SMARA) (Pub. Resources Code, § 2710, et seq. ) and CEQA.