Duarte Files Appeal of Azusa/Vulcan Lawsuit Denial
DUARTE, CA, August 16, 2011 – The City of Duarte filed an appeal (Aug. 5) with the State Court of Appeals in the ongoing battle to save Van Tassel Ridge from being destroyed by a massive Vulcan Materials Company mining expansion project approved by the City of Azusa. Duarte’s lawsuit, originally filed in August 2010 and first heard in late March of this year, was denied by the Superior Court on May 9.
“The City of Duarte continues to feel that the Environmental Impact Report prepared for the Vulcan Expansion Project was flawed in many areas. Namely, the lack of analysis of air quality impacts from blasting and trucking activities, consideration of potential seismic slippage, ignoring the AQMD direction on location and number of air monitoring stations, and lack of mitigation measures for potential liquefaction impacts. Through the appeal process, we hope a panel of judges recognizes this and rules in the City of Duarte's favor,” said City Manager, Darrell George.
The appeal process starts a new review by a three-judge panel located in Los Angeles at the State Court of Appeal. The process, comparable to the initial lawsuit, will involve preparation of an administrative record, the filing of approximately three briefs, a hearing and eventual ruling. It could take anywhere from nine to fifteen months to complete.
Duarte’s lawsuit focuses on the Azusa City Council’s violations of the California Environmental Quality Act and seeks to overturn its certification of the Final Environment Impact Report and related entitlements for the mine expansion project. It also raises numerous points including insufficient analysis of air quality impacts from blasting and trucking activities; ignoring South Coast Air Quality recommendations on the location and number of air monitoring stations; and Azusa’s failure to impose any mitigation measures for potential liquefaction impacts.
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.
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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
