City Councils of four local communities have decided to join in an amicus brief in favor of the appeal of the lawsuit that BACE has pursued that challenges the Reclamation Plan Amendment (RPA) that was submitted by Lehigh in early 2012 and approved by the County Board of Supervisors in June 2012. BACE’s original suit raised several legal issues concerning the adequacy and accuracy of the plan, including Lehigh’s continued contamination of Permanente Creek and the failure of the Environmental Impact Report (EIR) prepared for the RPA to address the impact of restoring the current pit mine while initiating a new pit, which Lehigh clearly intends to do.
This month, the City of Los Altos Hills voted to take the lead in preparing the amicus brief in support of BACE’s appeal. Since then, the cities of Cupertino, Los Altos and Atherton have also decided to join in the brief, while several other cities are considering doing the same.
The appeal of an earlier lawsuit brought by BACE that challenged the wholesale granting of vested rights to Lehigh by Santa Clara County also attracted wide support in the form of an amicus brief. Organizations that participated in that brief included the Midpeninsula Regional Open Space District, Breathe California, and the Committee for Green Foothills and the cities of Los Altos, Los Altos Hills, Portola Valley and Sunnyvale.
We expect that both appeals will be heard this spring.