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
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
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
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 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
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
On September 2, 2015, the California Supreme Court heard oral argument in a case involving fully protected species that may have important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more
On August 6, 2015, the California Fish and Game Commission (Commission) voted to list the southern Sierra Nevada evolutionarily significant unit of the fisher (Pekania pennati) as a threatened species under the California...more
On May 12, 2014, Appellees Kern County Water Agency, Coalition for a Sustainable Delta, State Water Contractors, and Metropolitan Water District of Southern California filed a petition for rehearing en banc, seeking further...more