PEOPLE v. EL DORADO COUNTY

No. S116870.

32 Cal.Rptr.3d 109 (2005)

36 Cal.4th 971

116 P.3d 567

The PEOPLE ex rel. DEPT. 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.

Supreme Court of California.

August 8, 2005.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Richard M. Frank and Tom Greene, Chief Assistant Attorneys General, Mary E. Hackenbracht, Assistant Attorney General, and Richard M. Thalhammer, Deputy Attorney General, for Plaintiffs and Appellants.

Law Offices of Robert Cooper and Robert Cooper for Paramount NE as Amicus Curiae on behalf of Plaintiffs and Appellants.

Louis B. Green, County Counsel, Edward L. Knapp, Chief Assistant County Counsel; The Diepenbrock Law Firm, Mark D. Harrison, Gene K. Cheever, Michael V. Brady, Jeffrey K. Dorso, Andrea A. Matarazzo and Michael E. Vinding, Sacramento, for Defendants and Respondents.

Bingham McCutchen, Peter N. Morrisette; Ebbin Moser + Skaggs and David E. Moser, San Francisco, for Interveners and Respondents.

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

Robin L. Rivett, Sacramento, and Emma T. Suárez Pawlicki, Folsom, for Pacific Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents, Interveners and Respondents and Real Party in Interest and Respondent.

Jennifer B. Henning; McDonough, Holland & Allen and John R. Briggs, Sacramento, for California State Association of Counties and Regional Council for Rural Counties as Amici Curiae on behalf of Defendants and Respondents, Interveners and Respondents and Real Party in Interest and Respondent.

Hatch & Parent and Lisabeth D. Rothman, Los Angeles, for California Building Industry Association, Building Industry Legal Defense Foundation and Home Builders Association of Northern California as Amici Curiae.


WERDEGAR, J.

Does the Director of the Department of Conservation (Director) have standing to file a petition for a writ of mandate challenging reclamation plans and financial assurances for surface mining operations approved by defendant El Dorado County (County) under the Surface Mining and Reclamation Act of 1975 (SMARA) (Pub. Resources Code, § 2710 et seq.)?1 We conclude he has....

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