Published on:

by

Kerry Shapiro

This three-part blog series on California SB 108, a bill which changes provisions in the Surface Mining and Reclamation Act of 1975 (SMARA) pertaining to “idle” mines, is based on a paper I first presented at the CalCIMA Conference in October 2011.

Background: What is the Interim Management Plan Problem?

SB 108 is designed to address some (but not all) of the problems existing in the current SMARA statutory scheme regulating so-called “idle” mines through the requirement of submitting an interim management plan (“IMP”). Having passed though the legislature without a single no vote, the bill was signed by Governor’ Jerry Brown on October 5, 2011 will be effective on January 1, 2012. This presentation identifies the problems with the current regulation of idle mines though IMP requirements, explains SB 108, including its key terms and the limited window for mine operators to take advantages of SB 108’s “change of status” provisions, and finally identifies IMP problems not addressed by SB 108 and proposes ideas for addressing such problems.

Continue reading

Published on:

by

On November 14, 2008, federal court Judge A. Howard Matz of the United States District Court,

Central District of California, awarded JMBM’s client, CEMEX, the full amount of attorneys’ fees requested for its defense of a California Environmental Quality Act (CEQA) lawsuit.

The attorneys’ fees were incurred in the last round of litigation involving actions brought against CEMEX with respect to a proposed sand and gravel quarry in Southern California. In this action, JMBM successfully defended the adequacy—under CEQA—of an environmental impact report prepared by the County of Los Angeles. JMBM sought and obtained on behalf of CEMEX, a substantial award of attorneys’ fees.

Continue reading