Court Hearing on Duarte’s Lawsuit Challenging the
Vulcan Mining Expansion Postponed Until March 24th
DUARTE, CA February 4, 2011 - The City of Duarte’s first hearing on the lawsuit against the City of Azusa, challenging Azusa’s approval of the Vulcan Materials mining expansion
project scheduled for February 15, 2011 has been postponed until March 24th. Duarte received notice in late January from Superior Court indicating that the Duarte v. Azusa matter was being reassigned to a new department and judge. Duarte’s lawsuit was originally filed on August 3, 2010.
Duarte’s lawsuit seeks to overturn the Azusa City Council’s certification of the Final Environment Impact Report as well as its approval of Vulcan’s entitlements for the mining expansion project due to the Azusa City Council’s violations of the Brown Act, California’s “open meeting” law.
Duarte’s opening brief, filed on December 15, 2010, exposes Azusa’s numerous violations of the California Environmental Quality Act, including that Azusa’s analysis of air quality impacts from blasting and trucking activities was deficient; that Azusa ignored the South Coast Air Quality Management Board’s direction on the location and number of air monitoring stations, that Azusa proposed a public trail be located in the middle of a protected habitat without environmental analysis, and that Azusa failed to impose any mitigation measures for potential liquefaction impacts.
Duarte’s lawsuit also alleges the Azusa City Council violated the Ralph M. Brown Act, California’s “open meeting” law, in multiple ways when the Azusa Council took a series of illegal procedural steps leading to its approval of Vulcan’s Amended Conditional Use Permit (CUP) and the Development Agreement. Additionally, Duarte’s lawsuit alleges the Azusa City Council’s actions approving the Vulcan mining expansion project violated Azusa’s own Municipal Code and the Development Agreement law. Vulcan and the City of Azusa submitted opposition briefs on January 14, 2011 and the City of Duarte submitted its final reply brief to the court on February 3, 2011.
As approved by the Azusa City Council, the Vulcan mining expansion project is poised to destroy Van Tassel Ridge as Vulcan plans to extract 105.6 million tons of aggregate from the mountain between now and 2038. Over that same period, the City of Azusa stands to make more than $65 million in mining fees and incentives from Vulcan at the expense of its neighbors in Duarte.
For more information about the City of Duarte’s Fight Against Vulcan Expansion, call Duarte Deputy City Manager, Karen Herrera at (626) 357-7931, ext. 221.
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Documents related to Vulcan Mining Proposal
City Reply Briefs and Notice of Rescheduling of Hearing, February 8, 2011
City Response to Chagnon Meritless Allegations, December 9, 2010
Mining plan near Sequoia park divides region, September 26, 2010, LA Times
Press Release: Lawsuit Update, September 2, 2010
Duarte vs. Azusa Petition and Complaint (Lawsuit documents)
Press Release: Lawsuit Filed, August 3, 2010
Press Release: Duarte Votes To Commence Litigation, July 22, 2010
San Gabriel Valley Editorial, July 12, 2010
Chu Support Letter, July 6, 2010
Supervisor Antonovich Letter, July 6, 2010
Sierra Club Letter to Azusa, July 6, 2010
July 6, 2010 Letter from Duarte to Azusa
Brown Act Letter from Duarte to Azusa, July 2, 2010
Good Neighbor Presentation
Azusa Conditional Use Permit
Sierra Club Letter, June 21, 2010
AQMD Second Comment Letter on Proposed CUP, June 24, 2010
Duarte letter re: May 17, 2010 Meeting
Duarte letter to Azusa re: Supplemental Analysis Volumetric, May 17, 2010
Effects on Van Tassel Watershed, May 12, 2010
Vulcan Even Swap Discredited, May 12, 2010
Duarte letter re: Slope Stability, May 13, 2010
Duarte letter re: Watershed, May 13, 2010
Duarte Letter to Azusa re: May 17, 2010 Hearing
Azusa Schedules Meeting for May 3 April 29, 2010
Azusa Cancels April 26 Meeting April 26, 2010
Vulcan on Shaky Ground, April 22, 2010
Duarte Letter On Noticing to Azusa, April 19, 2010
AQMD Issues Another Comment Letter to Azusa Citing Additional Public Health Concerns About Vulcan’s Proposed Expanded Mining Project Article April 19, 2010
Congresswoman Chu Eye Opener April 17, 2010
Facts and speculation about Vulcan Mining, April 7, 2010
Geological Study Findings
Geologist Letter
Between a rock and a beatiful place
Letter to San Gabriel Valley Tribune
AQMD EIR Review Letter
Letter to the Editor
Letter to Barry Wallerstein, AQMD
Azusa seeks financial safety net for mining proposal
Letters to the editor: Standing together
Letter to the editor: What about Glendora?
Azusa City Manager questions Duarte's motives, credibility regarding mining proposal
City Manager Darrell George's Statement
Vulcan Hasn't Kept Promises
San Gabriel Mining Proposal Upsets Residents, March 18, 2010, ABC Local
Mining Proposal Maddens Duarte, March 18, 2010, LA Times
Azusa mining battle sounds familiar to old timers
Duarte Letter to Azusa City Council
Glendora Comment Letter
No major impact on air from Azusa mining, regulators say, February 28, 2010, San Gabriel Valley Tribune
Mayor Makes Special Delivery to Azusa February 17, 2010
AQMD Comment Letter
Antonovich Letter
Sierra Club Comments on EIR
Pasadena Star News Article by Mayor Margaret Finlay & Councilman John Fasana
Azusa Planning Commission agenda and documents (below)
PC Staff Report Final 2-24-10
ExhibitA-D
CUP Reso Final 2-24-10
EIR Reso - Final 2-24-10
Development Agreement Reso - Final 2-24-10
Development Agreement
Save Our Canyon Comments
Duarte City Official Comments on Vulcan EIR 80 pages, February 18, 2010
DUSD Resolution
Letter from Duarte Legal Counsel to Azusa
Letter from Congressmember Judy Chu
Material Safety Data Sheet on Vulcan
Air Quality Report
Vulcan News on www.dctvduarte.com
Letter to the Planning Commission February 2010
Portantino Support Letter February 2010
Impact to Mountain Aesthetics January 2010
Letter from Duarte Attorneys to Azusa Planning Commission January 13, 2010
Azusa Notice of Preparation EIR Letter May 12, 2009
Notice of Preparation Response Letter June 9, 2009
Notice of Draft EIR December 2009
Request Response to EIR December 2009
Report Outlines Azusa Mining Impacts on Duarte, December 23,2009, Pasadena Star News
Azusa City Politics and Dust from the San Gabriels San Gabriel Valley Tribune June 29, 2009
City of Azusa Response to San Gabriel Valley Tribune Article June 30, 2009
