Who's to Blame for the Delay in Cemex's Mining Plans?

A recent court hearing reignited tensions between Cemex and the State Water Resources Control Board. The debate focused on whether Cemex should be allowed to challenge a decision before a final ruling, expected in February.

Cemex's Stance

Cemex's legal team accused the state board of causing delays in their plans to extract 56 million tons of sand and gravel from Soledad Canyon. They argued that the board's actions have stalled the project for decades.

State Board's Response

The state board dismissed these claims, stating that an appeal before a final decision is not appropriate. They denied responsibility for any inactivity, citing legal stays and challenges. Benjamin Lempert, a deputy attorney general, suggested that if the board were truly at fault, Cemex would have made that argument more prominently.

"If that were true, that would be a great fact or allegation for the petitioner, so they certainly would have come out and said it."

Cemex's Counterargument

Matthew D. Hinks, Cemex's counsel, strongly disagreed. He asserted that the current appeal is about giving Cemex a chance to present their case before the state board. This follows the water agency's decision that their renotice of the application was not subject to appeal.

Background of the Dispute

The dispute is not just about legal technicalities. It revolves around a project that has been on hold for years, partly due to attempts to resolve issues with the city of Santa Clarita. These efforts eventually landed in federal court, where Cemex secured a significant victory after years of political back-and-forth. The issue has been a hot topic among local representatives for at least two decades.

Legislative Efforts and Governor's Veto

In 2023, Senator Scott Wilk and Assemblywoman Pilar Schiavo pushed legislation to the governor's desk that would have required the re-noticing of Cemex's water permits, which are over 30 years old. However, Governor Gavin Newsom vetoed the legislation, stating that the agency had already agreed to renotice the application. This decision led to Cemex filing a lawsuit in February 2024, bringing us to the current situation.

Public Hearing and Future Implications

The state water board's executive officer announced a public hearing on the re-noticing of the water rights, which sparked Cemex's lawsuit. The outcome of this legal battle could have significant implications for the future of mining in Soledad Canyon and the balance between economic development and environmental protection.