header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
November 12
1908 - Saugus School District formed from sections of Newhall and Castaic school districts [story]
Saugus School


| Friday, Dec 18, 2020
Abandoned equipment stands at the Cemex site in Canyon Country. Dan Watson/The Signal

 

The yearslong court battle over contracts of Cemex, the international mining company proposing a massive sand and gravel mine on Santa Clarita’s eastern border in Soledad Canyon, is moving into 2021, as the parties continue disputes and deal with COVID-19-related delays.

An attorney for the plaintiff tested positive for COVID-19 — and due to the holidays, a California district court judge granted Cemex an extension Dec. 8 to better enable the company to prepare its reply to a new question raised by the defendants: the U.S. Department of the Interior, Interior Board of Land Appeals and the Bureau of Land Management.

“This proposed date (Jan. 8) is reasonable in light of the fact that the issue that has been raised is both important and entirely new, and to accommodate the schedule of counsel during the upcoming end-of-year holiday period, and because one of plaintiff’s counsel is unfortunately currently COVID-19 positive and symptomatic and requires time to recover,” read a motion granted by Judge Carl Nichols.

Attorneys with both Cemex and the federal government did not respond to requests for comment. Cemex has until Jan. 8 to respond to the new question raised on the court’s subject-matter jurisdiction.

The defendants have suggested Nichols dismiss the case or move it to a federal claims court because the legal dispute, dating back to May 2019, is over Cemex’s contracts. The lawsuit seeks to invalidate the Interior Board of Land Appeals’ March 2019 ruling that the company’s mining rights in Soledad Canyon expired at the end of July.

“Under the Tucker Act, only the U.S. Court of Federal Claims is authorized to adjudicate this case and therefore, this court should either dismiss this action or transfer it to the U.S. Court of Federal Claims pursuant to 28 U.S.C. § 1631,” read another motion filed Dec. 2.

Andy Fried, president of the local nonprofit Safe Action For the Environment, which has opposed the mine and closely followed the matter over the lengthy dispute, said Thursday he believed the judge would probably not dismiss the case.

“I would be surprised if Nichols did let it go. I don’t know why he would unless, politically, he wants to get rid of it. It would be interesting to see, as we see what happens under the new Democratic administration.”

In the motion, the federal government alleges that “even if this court did have jurisdiction to hear Cemex’s claims,” the mining company failed to show that IBLA “acted arbitrarily or capriciously.”

It is unclear whether Cemex is pushing to reverse the government’s denial of the extension of its second 10-year contract, which expired at the end of July, or if the company’s focus is strictly on the financial impacts of the contract dispute rather than actually continuing to pursue the mine. A year ago, the BLM informed Cemex that the company owed the government more than $25 million in back payments in lieu of production via mining in Soledad Canyon.

There is no activity from the mining company in Soledad Canyon to date, according to city Administrative Analyst Masis Hagobian.

After January, the court is expected to have briefings from both sides and will start the review process, said Hagobian.

“(The review process) could be as fast as 30 days or up to four months and after that, they’ll start the hearings but with COVID, I don’t know how this will impact the timeline,” he said, adding that the city will continue to closely monitor the case.

Fried said he expects the matter to continue for another two to three years.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


Latest Additions to SCVNews.com
Prayer Angels for the Military, Inc. needs your help to be sure local heroes overseas are not forgotten during the holidays.
Prayer Angels for the Military Seeks Holiday Help
Get ready to embrace the magic of the season with JCI Santa Clarita’s annual event, Santa’s Helpers.
JCI Santa Clarita Brings the Joy with Annual Santa’s Helpers Event
They made it hard on themselves, but The Master's University's women's volleyball team defeated the Life Pacific Warriors in the final match of the season to win the GSAC Women's Volleyball regular season championship on Friday, Nov. 8.
Lady Mustangs Win GSAC Regular Season Volleyball Championship
Speeding and aggressive driving are ongoing challenges on California roadways.
CHP Secures $2.6M Grant to Address Speeding, Aggressive Driving
1908 - Saugus School District formed from sections of Newhall and Castaic school districts [story]
Saugus School
In the race for Congress George Whitesides (D) has overtaken incumbent Mike Garcia (R) by nearly 7,000 votes.
UPDATE: Local Election Results as of Monday Evening
Whitesides Leads Garcia in Race for 27th Congressional District
UPDATE: Whitesides Wins Race for 27th Congressional District
The Small Business Developmnet Center is offering a free Restaurant Academy online webinar on how to "Start a Food Business in Your Home: The NEW Microenterprise Home Kitchen Operator."
Nov. 14: Restaurant Academy Start a Food Business in Your Home
College of the Canyons is sending both its cross country teams to the state championship meet for a second straight season after the Cougars posted a pair of successful runs at the 3C2A Southern California Regional Championships at Chaffey College on Friday, Nov. 8.
Canyons Cross Country Sending Both Teams to State Championship Meet
Golden Years Dog Sanctuary welcomes all to its Sit or Stroll open house, adoption event and fundraiser, noon-3 p.m. Saturday, Nov. 16 at 12682 Kagel Canyon Road, Sylmar, CA 91342.
Nov. 16: Golden Years Dog Sanctuary Sit or Stroll Adoption Event, Fundraiser
The Castaic Union School District will hold its regular meeting Thursday, Nov. 14 at the District Office, located at 28131 Livingston Avenue in Valencia. A closed session will begin at 5:30 p.m., followed by an open session at 6 p.m., where there will be a report of closed session action.
Nov. 14: Regular Meeting of the CUSD Governing Board
Join Hart show Choir performers on an interactive journey through a holiday classic with Rudolph the Red-Nosed Reindeer 2-7 p.m., Saturday, Dec 7 and Sunday, Dec. 8 at the Hart High School cafeteria, 24825 Newhall Ave., Santa Clarita, CA 91321.
Dec. 7-8: Hart Show Choir Presents ‘Rudolph the Red-Nosed Reindeer’
Heading into their games on Friday, Nov. 8, three Foothill League football teams had hopes for deep playoff runs. Valencia and Hart had their hopes dashed, but Golden Valley won, and will play on.
Golden Valley Moves On, Valencia, Hart Fall
Placerita Canyon Natural Area will host the Mojave Desert Burrowers and Survival event Sunday, Nov. 17 from 2-3 p.m. at 19152 Placerita Canyon Road, Newhall, CA 91321.
Nov. 17: Mojave Desert Burrowers, Survival Event at Placerita Canyon
The Future Farmers of America will host a Christmas Tree Sales Fundraiser Festival in Frazier Park one weekend only on Saturday, Nov. 30 and Sunday, Dec. 1.
Nov. 30-Dec. 1: FFA Christmas Tree Sales Fundraiser Festival
The College of the Canyons Athletics Department invites community members of all ages to run, walk or jog in the 16th annual Thanksgiving Day 'Turkey Trot' event benefiting the college's cross country and track & field programs 8 a.m. Thanksgiving Day, Thursday, Nov. 28 at College of the Canyons Valencia Campus, 26455 Rockwell Canyon Road, Santa Clarita, CA 91355.
Nov. 28: COC Invites Runners to Thanksgiving ‘Turkey Trot’
The Santa Clarita Community College District Board of Trustees will hold a business meeting Wednesday, Nov. 13, beginning at 5 p.m. The board will first meet in closed session at 3 p.m.
Nov. 13: COC Board Regular Business Meeting
Step onto Main Street in Old Town Newhall and be transported to the ultimate Winter Wonderland, complete with real snow, a chance to meet Santa and of course, tens of thousands of dazzling lights to create the perfect kickoff to the holiday season. The city of Santa Clarita welcomes the community to Light Up Main Street, presented by DrinkPAK, in Old Town Newhall on Saturday, Nov. 16, from 4-8 p.m.
Nov. 16: Old Town Newhall Will Light Up Main Street
The County of Los Angeles Department of Parks and Recreation debuted its first new signage and mapping project at the 945-acre Vasquez Rocks Natural Area on Saturday, Nov 9.
Vasquez Rock Natural Area Celebrates New Signage Program
This week, I took my Oath of Office for my third and final term as Fifth District Supervisor.
Kathryn Barger | Oath of Office
As we conclude the 2024 Fall season, I would like to thank all the athletic directors, school administrators, athletic trainers and anyone else responsible for helping implement and navigate our new Health and Safety Bylaws.
Mike West | CIF-SS Message from the Commissioner
1898 - First deed to Vasquez Rocks recorded, to Bertha Wilkens [story]
Vasquez Rocks
The Los Angeles County Sheriff’s Department Missing Persons Unit is asking for the public’s help locating an At-Risk Missing Newhall woman who was last seen on Nov. 5.
LASD Seeks Public’s Help Locating Missing Newhall Woman
1929 - Tom Vernon pulls off the "Great Saugus Train Robbery" [story]
locomotive
SCVNews.com