RECENT CALIFORNIA DECISIONS

June 2006

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Third District Upholds Mining Reclamation Regulation as within State Mining and Geology Board’s Authority and Consistent with the Surface Mining Act
Mineral Associations Coalition v. State Mining and Geology Board

On April 12, 2006, the Third District Court of Appeal affirmed a lower court’s judgment that found a regulation promulgated under the Surface Mining and Reclamation Act (SMARA) to be within the State Mining and Geology Board’s (Board’s) authority and consistent with SMARA. The Third District relied upon a recent California Supreme Court decision, People ex rel. Dept. of Conservation v. El Dorado County, 36 Cal.4th 971 (2005) (El Dorado), to uphold the regulation and ruled that the Director of the Department of Conservation has both the authority and the responsibility to ensure that mined lands are reclaimed in accordance with an approved reclamation plan and that financial assurances are not released prematurely.