CEMEX WINS IN JUDGE'S EIR RULING BARRIER TO MINING REMOVED.

Byline: Judy O'Rourke Staff Writer

SANTA CLARITA - A federal judge once again has rejected the city's claims that federal agencies failed to perform a sufficient environmental analysis before approving a plan to mine 56.1 million tons of sand and gravel in Soledad Canyon.

On Wednesday, U.S. District Court Judge Dickran Tevrizian sided with the federal Bureau of Land Management and the Interior Board of Land Appeals in a 69-page final ruling favoring Mexico-based Cemex mining company.

In its lawsuit, Santa Clarita had raised 15 claims under the National Environmental Policy Act, the Clean Water Act and several federal mining laws in hopes of defeating the project. The city lost a related lawsuit in November.

``Not only did the court rule the city's claims were substantively inadequate, but the court ruled also against the city on a variety of procedural defenses asserted by Cemex,'' said Kerry Shapiro, the lead attorney for Cemex's Soledad Canyon project.

``The court ruled many of the city's claims were untimely, barred by the statute of limitations or otherwise should have been brought by the city in other prior lawsuits it has previously raised against the project. (It) is saying the city continues to recycle claims over again from one lawsuit to another.''

Cemex's spokeswoman said the company's plans are coming closer to fruition.

``It removes the city's major barrier it had impeding us from starting to plan the steps it will take to go into operation,'' said Susana Duarte of Cemex. ``We're now looking forward to embarking on a discussion with the city and becoming much more proactive developing relationships with people and organizations we'll be neighbors to and be doing business with.''

As before, attorneys for the city were not entirely surprised by the unfavorable decision.

``We very disappointed by the district court's ruling,'' said Geralyn Skapik of the firm of Burke, Williams and Sorensen LLP. ``We will be appealing this case and the Endangered Species Act ruling.''

The BLM had not seen the ruling Thursday, but spokeswoman Jan Bedrosian said the agency would review the decision with the U.S. Fish and Wildlife Service.

On Nov. 29, city planners filed an annexation application with the Local Agency Formation Commission, the agency that oversees municipal boundary changes in Los Angeles County, to annex 1,885 acres in Soledad Canyon where the mine is proposed. The city already owns 906 acres within that parcel. Gaining jurisdiction over the land would not give the city authority over mining operations, officials have said.

Cemex was granted mining rights in 1990 by the BLM. The company plans to oppose the annexation plan before LAFCO, Shapiro said.

On Dec. 14, Cemex filed a lawsuit in state court challenging the environmental review in the annexation papers. At that time, Shapiro said the application was inadequate under state environmental laws, in part because ``the city failed to assess the impacts of how that annexation will affect future mining at the property.''

The environmental review says the annexation will have no impact on the mineral and energy resources that lie below ground.

In a Dec. 13 speech, newly installed Mayor Laurene Weste said the city would continue to fight the mine with the help of U.S. Rep. Howard P. ``Buck'' McKeon and U.S. Sens. Barbara Boxer and Dianne Feinstein.

Judy O'Rourke, [phone]

judy.orourke(at)dailynews.com