Oro Fino Gold Mining Corp. v. County of El Dorado

(1990) 225 Cal.App.3d 872

The Court of Appeal upheld the decision of a county board of supervisors requiring an EIR for a use permit for exploratory drilling for gold.  The applicant (developer) had filed suit demanding that the permit be issued based on a mitigated negative declaration, as recommended by County planning staff.  The applicant argued that previous administrative proceedings on the same property for a similar Conditional Use Permit wherein a mitigated negative declaration was used, limited the agency’s discretion to require an EIR.  In requiring an EIR, the Board of Supervisors had relied principally on evidence submitted by the neighbors regarding traffic, dust and noise.  I was lead counsel for this matter.

[TLG counsel of record: Tina A. Thomas.]