As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in...more
In June we reported that California Governor Gavin Newsom’s infrastructure permitting and CEQA reform legislation package was mostly dead, with the Legislature finding it too complex for last-minute consideration. But there’s...more
Governor Newsom signs SB 1137, creating a safety buffer between homes and oil wells in California Bullet Los Angeles Daily News – September 16 Governor Gavin Newsom on September 16 signed a package of environmental bills into...more
In June, I and many others took note of an opinion issued by the California Court of Appeal that concluded a bumble bee could be designated as a fish as defined by Section 45 of the California Fish & Game Code. Almond All. of...more
EPA sets stringent standards for PFAS in drinking water Bullet E&E News - June 15 The U.S. Environmental Protection Agency (EPA) on June 15 announced new drinking water “health advisories” for four per- and polyfluoroalkyl...more
On June 16, 2022, a vote by the California Fish and Game Commission (Commission) on whether the Western Joshua tree (Yucca brevifolia) should be listed as threatened under the California Endangered Species Act (CESA) resulted...more
In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more
EPA moves to give states and tribes more power to protect water - Associated Press - June 2 - The U.S. Environmental Protection Agency (EPA) on Thursday proposed to undo a Trump-era rule limiting the power of states and...more
Nearly seven years ago, I commented on a California statute defining "fish" to mean "a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals". Cal. Fish & Game Code § 45. ...more
On February 16, 2022, a California state court upheld protections afforded the western Joshua tree (Yucca brevifolia) under the California Endangered Species Act (CESA). The ruling came in connection with a lawsuit filed by...more
Notwithstanding its protected status as a listed species under the federal Endangered Species Act, the Southern California steelhead population is proposed for listing under the California Endangered Species Act. During a...more
The California Endangered Species Act (CESA) is one of the most important legal tools available to the Fish and Game Commission and Department of Fish and Wildlife to protect the State’s wildlife resources. The listing...more
In a widely watched case, the Sacramento Superior Court court ruled that insects are not eligible for listing under the California Endangered Species Act. Almond Alliance of California v. California Department of Fish and...more
The Sacramento Superior Court upheld a challenge to a decision by the California Fish and Game Commission to designate four subspecies of bumble bees as candidates for protection under the California Endangered Species Act...more
Trade groups sue California to stop threatened species listing for Western Joshua Tree - Bullet Desert Sun – October 27 - Several trade groups and a high desert town sued in Fresno County Superior Court on October 21 over...more
California landowners and developers: Western Joshua Tree incidental take permits now required - Bullet Allen Matkins – October 2 - On September 22, 2020, the California Fish and Game Commission accepted the Center...more
On September 22, 2020, the California Fish and Game Commission (CFGC) accepted the Center for Biological Diversity's petition to list the Western Joshua Tree (WJT) as a candidate threatened species under the California...more
Designation Impacts Local Ordinances and Developments Involving the Tree - Of particular significance to desert communities, the California Fish and Game Commission designated the western Joshua tree as a “candidate”...more
California plans to ban sales of new gas-powered cars in 15 years - The New York Times – September 23 - California plans to ban the sale of new gasoline-powered cars statewide by 2035, Governor Gavin Newsom announced...more
California and five major automakers finalize deal on vehicle emissions standards - The New York Times – August 17 - The California Air Resources Board (CARB) this Monday finalized “Settlement Agreements” with five of...more
Clean Water Act covers some groundwater discharges, U.S. Supreme Court rules - The New York Times – April 23 - The U.S. Supreme Court on Thursday ruled in a 6-3 decision that federal Clean Water Act (CWA) jurisdiction...more
Federal government moves to weaken fuel economy standards adopted during Obama Administration - Bullet Los Angeles Times – March 31 - The U.S. Environmental Protection Agency and the U.S. Department of Transportation...more
In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more
The Supreme Court of California recently ruled that under the California Endangered Species Act (CESA), plaintiffs may use a delisting petition, supported by new evidence, to challenge a prior decision by the California Fish...more
El Niño has recently brought lots of rain to California, but it’s not quite time to start loading the animals two-by-two. However, the California Fish and Game Commission (Commission) did its part yesterday to save a...more