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MINERAL v. STATE MINING AND GEOLOGY BOARD ( Part II )

MINERAL v. STATE MINING AND GEOLOGY BOARD ( Part II )
05:17:2006

MINERAL v. STATE MINING AND GEOLOGY BOARD



Filed 4/12/06



CERTIFIED FOR PUBLICATION




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA




THIRD APPELLATE DISTRICT




(Sacramento)



----








MINERAL ASSOCIATIONS COALITION et al.,


Plaintiffs and Appellants,


v.


STATE MINING AND GEOLOGY BOARD,


Defendant and Respondent.



C049201



(Super. Ct. No. 04AS03539)





Continue from Part I…….



Pointing out that the Director is not only a co-beneficiary of the financial assurances posted by the mine operator (§ 2773.1, subd. (a)), but has the power to seek forfeiture of those assurances and undertake reclamation of mine sites where the operator is incapable of doing so (id. at subds. (b)(4), (d)), the court in El Dorado concluded that â€





Description 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 his reclamation plan and that the financial assurance instruments securing his obligation to reclaim lands shall be released.
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