SAN FRANCISCO BAYKEEPER, INC. v. STATE LANDS COM.

No. A142449.

242 Cal.App.4th 202 (2015)

194 Cal. Rptr. 3d 880

SAN FRANCISCO BAYKEEPER, INC., Petitioner and Appellant, v. STATE LANDS COMMISSION, Defendant and Respondent; HANSON MARINE OPERATIONS, INC., et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Four.

November 18, 2015.


Attorney(s) appearing for the Case

San Francisco Baykeeper, Inc., George Torgun , Sejal Choksi-Chugh , Erica Maharg ; Environmental Law Foundation and James R. Wheaton , for Petitioner and Appellant.

David R. Owen , Professor of Law and Associate Dean for Research, University Maine School of Law, for Eric Biber, Professor of Law, University of California, Berkeley School of Law, Alejandro E. Camacho , Professor of Law, Director, Center for Land, Environment, and Natural Resources, University of California, Irvine, Joseph F.C. DiMento , Professor of Law, University of California, Irvine, Holly Doremus , James H. House and Hiram H. Hurd Professor of Environmental Regulation; Co-Director, Center for Law, Energy & the Environment; Director, Environmental Law Program, University of California, Berkeley School of Law, Tim Duane , Visiting Professor of Law, University of San Diego School of Law, Professor of Environmental Studies, University of California, Santa Cruz, Daniel A. Farber , Sho Sato Professor of Law; Co-Director, Center for Law, Energy & the Environment, University of California, Berkeley School of Law, Brian Gray , Professor of Law, University of California, Hastings College of Law, Sean B. Hecht , Co-Executive Director, Emmett Institute on Climate Change and the Environment, Evan Frankel Professor of Policy and Practice, UCLA School of Law, Albert C. Lin , Professor of Law, University of California, Davis School of Law, David R. Owen , Professor of Law and Associate Dean for Research, University of Maine School of Law (through June 2015), Professor of Law, University of California, Hastings College of Law (beg. July 2015), Shelley Ross Saxer , Vice Dean and Laure Sudreau-Rippe Endowed Professor of Law, Pepperdine Law School, Deborah A. Sivas , Luke W. Cole Professor of Environmental Law and Director, Environmental Law Clinic, Stanford Law School, David Takacs , Associate Professor of Law, University of California, Hastings School of Law and Jonathan Zasloff , Professor of Law, UCLA School of Law, as Amici Curiae on behalf of Petitioner and Appellant.

Kamala D. Harris , Attorney General, John A. Saurenman , Assistant Attorney General, Christiana Tiedemann and Joseph C. Rusconi , Deputy Attorneys General, for Defendant and Respondent.

Morrison & Foerster and William M. Sloan , for Bay Planning Commission as Amicus Curiae on behalf of Defendant and Respondent.

Downey Brand , Christian L. Marsh and Arielle O. Harris for Real Parties in Interest.


OPINION

I.

INTRODUCTION

In October 2014, the State Lands Commission (SLC) approved the San Francisco Bay and Delta Sand Mining Project (the project), which authorizes real parties in interest Hanson Marine Operations, Inc., Morris Tug & Barge, Inc., and Suisun Associates (collectively, Hanson...

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