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First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative Remedies and CEQA Requires Limited Review of General Plan Consistency | Downey Brand LLP

First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative Remedies and CEQA Requires Limited Review of General Plan Consistency | Downey Brand LLP
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Law Review: Aggregate operation expansion EIR challenged

  When a large project is proposed, such as Syar Industries expansion of its aggregate operations in Napa County, the California Environmental Quality Act specifies what must be included in the environmental impact report (EIR) analyzing the project and its impacts. It is not uncommon for a large project to be challenged in court claiming the project EIR is legally inadequate. See Stop Syar Expansion v. County of Napa, our case for today’s column. SEVEN YEARS OF ENVIRONMENTAL REVIEW A group known as Stop Syar Expansion had long opposed the expansion of Syar Industries aggregate operations in Napa County. After more than seven years of environmental review and numerous hearings, the county planning commission certified the final EIR and approved a much smaller project than originally sought. The approval included more than a hundred pages of conditions and mitigation measures. Stop Syar appealed the EIR and the project and the matter proceeded before the county board of supervis

Appeals court sides with Napa County, allows Syar quarry expansion

Stop Syar Expansion has the choice of appealing to the California Supreme Court. “We’re still considering our options,” Kathy Felch, a member of Stop Syar Expansion who lives less than a mile from the quarry, said on Tuesday. “We’ll probably make a decision in the next week or so.” Barring further appeals, Syar can expand its 497-acre quarry mining area in the hills near Napa State Hospital by 106 acres to remove basalt and other rocks. It can increase production from a million tons of rock annually to 1.3 million tons annually. Syar officials have said a bigger quarry is needed to keep providing basalt for the region’s roads and other construction projects. Without the expansion, the quarry will run out of basalt to mine.

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