RECENT CALIFORNIA DECISIONS

October 2005

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California Supreme Court Rules Director of Department of Conservation Has Standing to File Petition for Writ of Mandate under SMARA
People ex rel. California Dept. of Conservation v. El Dorado County (Brunius)

Reversing the Third Appellate District, the California Supreme Court held on August 8, 2005 that the Director of the California Department of Conservation (Director) has standing to file a petition for a writ of mandate challenging reclamation plans and financial assurances for surface mining operations approved by El Dorado County under the Surface Mining and Reclamation Act of 1975 (SMARA) (Public Resources Code § 2710 et seq.).