Controversial Orange County project thrown out: Supreme Court ruling buttresses state enforcement of mining rules.(smara)

Publication: California Planning & Development Report

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COPYRIGHT 2005 California Planning & Development Report

The director of the state Department of Conservation has standing to sue a local agency over mining and reclamation plans approved by the local agency, the state Supreme Court has ruled unanimously. The ruling was a clear victory for state enforcement of the Surface Mining and Reclamation Act (SMARA), which regulates all surface mines in California.

The Supreme Court overturned a divided appellate court panel, which had ruled that only the State Mining and Geology Board--and not the department's director--had standing to sue, meaning the director did not have the authority to seek judicial review of an alleged impropriety.

"[T]he Legislature has not crafted SMARA to deprive the director of standing to seek mandate as a remedy when a local lead agency approves allegedly inadequate reclamation plans or financial assurances," Justice Kathryn Werdegar wrote for...

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