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PEOPLE EX REL. DEPT. OF CON. v. EL DORADO COUNTY

No. C039428.

133 Cal.Rptr.2d 780 (2003)

108 Cal.App.4th 672

The PEOPLE EX REL. DEPARTMENT OF CONSERVATION et al., Plaintiffs and Appellants, v. EL DORADO COUNTY et al., Defendants and Respondents, Loring Brunius, Real Party in Interest and Respondent, California Mining Association et al., Interveners and Respondents.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing June 9, 2003.

Review Granted August 13, 2003.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Richard M. Thalhammer, Deputy Attorney General, for Plaintiffs and Appellants.

Louis B. Green, County Counsel, Edward L. Knapp, Chief Assistant County Counsel; The Diepenbrock Law Firm, Mark D. Harrison and Gene K. Cheever, Sacramento, for Defendants and Respondents.

Becker & Runkle and David C. Becker, Cameron, for Real Party in Interest and Respondent.

Bingham McCutchen, David E. Moser and Peter M. Morrisette, San Francisco, for Interveners and Respondents.

MORRISON, J.

At issue in this case is whether the Director of the Department of Conservation (Director) has standing to challenge, by way of a petition for a writ of administrative mandamus, a lead agency's actions in approving reclamation plans and financial assurances for surface mining operations under the Surface Mining and Reclamation Act of 1975 (SMARA) (Pub. Resources Code, § 2710 et seq.), the California Environmental Quality Act (CEQA) (Pub. Resources...

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