Lehigh Cement may face a challenge to its legal rights to mine on approximately 13 of 19 parcels of land at the cement facility and quarry located just outside Cupertino.

The Midpeninsula Regional Open Space District is hoping to overturn a 2011 decision by the Santa Clara County Board of Supervisors to allow Lehigh cement to operate on the land in dispute.

Crucially the supervisors' decision means Lehigh is exempt from many Santa Clara County requirements for a discretionary use permit and other related approvals to mine the vested areas. The city of Cupertino has no jurisdiction over the Lehigh facility.

The open space district is leading a coordination effort in a new challenge and are seeking support in their appeal from groups that have an interest in the impacts of the Lehigh quarry and facility.