CEMEX Inc. (NYSE:CX), the nation's largest producer of cement, ready-mix and concrete products, today announced that the Ninth Circuit Court of Appeals affirmed the U.S. District Court's previous judgment entering a Consent Decree allowing for the development of the Soledad Canyon quarry in Los Angeles County. The proposed Soledad Canyon quarry is a vital source of aggregate, gravel and stone to be used in cement products in Los Angeles County, with production of an estimated 56.1 million tons of product over the next 20 years.
"The Ninth Circuit Court's decision was issued only three days after the appeal was argued before a three-judge panel on Tuesday, February 7, 2006. We feel that the unusual speed of the court's decision demonstrates the strength of the arguments delivered in defense of the Consent Decree that was entered into between CEMEX, Los Angeles County officials and the Federal Government," said Leslie S. White, executive vice president and general counsel.
This appeal challenged a Consent Decree, or judicially-entered settlement, agreed to in 2004 as the result of a lawsuit that CEMEX had filed against Los Angeles County. Under this Consent Decree, the county agreed to cease opposing and delaying the issuance of county approvals for the development of the mine site after the U.S. Bureau of Land Management had granted the company's predecessor the rights to the sand and gravel on the 460-acre site in 2000.
"This is the strongest judicial affirmation yet of our plans to develop this site. We look forward to beginning production in the near future," said Gilberto Perez, President of CEMEX U.S.A