Center for Biological Diversity

News & Analysis as of

Southern California Environmental Update #2

This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback....more

ESA Mega-Settlement Part II: CBD Files Notice of Intent to Sue Over 417 Species

The Center for Biological Diversity (“CBD”) filed on August 23, 2016 a Notice of Intent to sue the U.S. Fish & Wildlife Service (“FWS” or “the Service”) over missed Endangered Species Act (“ESA”) 12-month finding deadlines...more

Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

As reported in a previous blog post, Earthjustice, on behalf of the Center for Biological Diversity (“CBD”), filed a lawsuit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) in May 2015. The...more

9th Circuit Agrees With BLM: Incidental Take Statements Are Reserved For Fish and Wildlife

In Center for Biological Diversity, et al., v. Bureau of Land Management, the U.S. Court of Appeals for the Ninth Circuit held that the Bureau of Land Management (BLM) did not violate the Endangered Species Act (ESA) when its...more

When Will They Ever Learn? CBD Files Another Questionable Lawsuit Against DOGGR

On August 3, 2016, the Center for Biological Diversity (“CBD”) filed suit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) and the State Water Resources Control Board (“Water Board”),...more

Center for Biological Diversity Files 60-Day Notice of Intent to Sue the U.S. Fish and Wildlife Service on Final 4(d) Rule for...

As we discussed in a previous post, on January 14, 2016, the U.S. Fish and Wildlife Service (Service) published a final 4(d) rule under the Endangered Species Act for the northern long-eared bat. As we noted, although the...more

California Environmental Law & Policy Update - February 2016

Environmental and Policy Focus - California extends mandatory water cuts despite growing snowpack - Sacramento Bee - Feb 2 - California’s drought regulators agreed Tuesday to extend water conservation mandates...more

California Environmental Law & Policy Update - January 2016 #4

Environmental and Policy Focus - States ask Supreme Court to block Obama carbon emissions plan - Reuters - Jan 26 - A group of states led by West Virginia and Texas asked the U.S. Supreme Court to stay...more

Take Two! Frogs, Water, and the Endangered Species Act in Oregon

In late December we reported on a lawsuit filed by the Center for Biological Diversity (“Center”) that alleges the U.S. Bureau of Reclamation (“BOR”) is violating the Endangered Species Act (“ESA”) through its operation and...more

What Two Recent California Supreme Court Rulings Mean for Analysis of Environmental Impact at Project Sites and Greenhouse Gas...

The California Supreme Court recently issued two important decisions involving the interpretation of the California Environmental Quality Act (CEQA). The first finds that agencies generally are not required to evaluate the...more

Your Tricolored Blackbird Problem Just Got Worse – Candidate Listing under the California ESA

Looks like Christmas came early, again, for the Center for Biological Diversity (CBD). Based on a petition submitted by CBD, the California Fish and Game Commission voted earlier this month to designate the tricolored...more

How to Fix Your GHG Analysis After the California Supreme Court’s Newhall Ranch Decision

My colleague, Michael Sherman, posted yesterday about two issues decided in the California Supreme Court’s decision in Center for Biological Diversity v. California Department of Fish and Wildlife. Today, I’ll address the...more

California Supreme Court Charts New Course For Climate Change Analysis

Court endorses significance threshold based on consistency with statewide GHG reduction goals, but nonetheless invalidates State EIR utilizing that threshold. On Monday November 30, 2015, the California Supreme Court...more

Newhall Ranch Project Dealt Supreme Court Setback - Center for Biological Diversity v. California Department of Fish and Wildlife

The California Supreme Court released its long-awaited opinion in Center for Biological Diversity v. California Department of Fish and Wildlife on Monday, November 30. The case presented issues regarding the adequacy of an...more

U.S. Fish and Wildlife Service Determines that Listing of Sierra Nevada Red Fox is Warranted at the Distinct Population Segment...

In a notice published on October 8, 2015, the U.S. Fish and Wildlife Service (Service) announced its proposed 12-month finding on the Center for Biological Diversity’s (CBD) petition to list the Sierra Nevada red fox (Vulpes...more

Activists ask Court to Scrap EIR and Stop Fracking

Today, July 30, the Center for Biological Diversity (“CBD”) filed a complaint in Sacramento County Superior Court against the Division of Oil, Gas & Geothermal Resources (“DOGGR”). CBD claims, among other things, that DOGGR...more

Wolves, Salamanders, and Snakes – Oh My!

On July 1, 2015, the U.S. Fish and Wildlife Service (Service) published notice of its 90-day findings on petitions to list 31 species under the Endangered Species Act (ESA). Of these 31 species, all of which occur in the...more

Yet Another Lawsuit Seeking to Limit California Oil Development

The clamor over hydraulic fracturing continued Wednesday as environmental activists filed another lawsuit to limit oil and gas development in California. The lawsuit, filed by Earthjustice on behalf of the Center for...more

California Fish and Game Commission Votes Not to Make Tricolored Blackbird Candidate for Listing

Thursday, in response to a petition to list filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) determined not to make the tricolored blackbird (agelaius...more

Federal Government Proposes Revisions to Endangered Species Act Regulations

While a number of Endangered Species Act (ESA) reform bills continue to wind their way through Congress (see our May 6, 2015 post), Monday, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS)...more

National Marine Fisheries Service Considering Revision to Critical Habitat Designation for Southern Resident Killer Whales

On February 24, 2015, the National Marine Fisheries Service (NMFS) announced a 12-month finding on the Center for Biological Diversity’s (CBD) petition to revise the critical habitat designation for the Southern Resident...more

Center for Biological Diversity Files Complaint Against Federal Agencies to Halt Offshore Fracking in California

On Thursday, Feb. 19, the Center for Biological Diversity (“CBD”) filed suit against the Bureau of Ocean Energy Management (“BOEM”), the Bureau of Safety and Environmental Enforcement (“BSEE”), and the Department of the...more

Is A 16% Reduction in GHG Emissions From "Business-As-Usual" Enough Under CEQA?

Our previous post on the Second District Court of Appeal’s decision in Center for Biological Diversity v. Department of Fish & Wildlife, No. B245141 (Mar. 20, 2014), highlighted the court’s holdings on California...more

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