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MINERAL ASSOCIATIONS COALITION v. STATE MINING AND GEOLOGY BD.

No. C049201.

41 Cal.Rptr.3d 544 (2006)

138 Cal.App.4th 574

MINERAL ASSOCIATIONS COALITION et al., Plaintiffs and Appellants, v. STATE MINING AND GEOLOGY BOARD, Defendant and Respondent.

Court of Appeals of California, Third District.

April 12, 2006.

Attorney(s) appearing for the Case

Downey Brand, Patrick G. Mitchell, Roseville, Michael N. Mills and Joseph S. Schofield, Sacramento, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Tom Greene and Mary E. Hackenbracht, Assistant Attorneys General, and Ralph L. Venturino, Deputy Attorney General, for Defendant and Respondent.

BUTZ, J.

This case presents the question of whether defendant State Mining and Geology Board (the Board), which operates within the California Department of Conservation, exceeded its authority in promulgating an administrative regulation requiring that the Director of the Department of Conservation (the Director) concur in any lead agency determination that a mine operator has fulfilled the terms and conditions of...

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