Department of Fish and Wildlife

News & Analysis as of

California Appellate Court: CDFW Notification Required for Water Diversions

Any plans to “substantially divert” water from a river or stream requires notification to the state Department of Fish and Wildlife, the California Court of Appeal found. In reversing a lower court’s decision that favored...more

Fish & Game Code Section 1602 Is Unambiguous, Now Requiring More Water Users To Provide “1602 Notification” To “Substantially...

On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual...more

A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice...

Under CEQA, a “trustee agency” is a “state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California” and “[t]he California Department of...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

Third District Rejects CEQA Challenge To Program EIR For California Department of Fish and Wildlife’s Statewide Fish...

In a lengthy published decision filed February 10, 2015, and addressing consolidated appeals in three related actions, the Third District Court of Appeal affirmed the trial court’s judgment rejecting petitioner and appellant...more

California Department of Fish and Wildlife Increases CEQA Document Filing Fees

Filing Fees for CEQA Notices of Determination Increase Effective Jan. 1 - The California Department of Fish and Wildlife will increase its filing fees for all CEQA Notices of Determination filed on or after Jan. 1. ...more

Listen to the Words In the Injunction Battle

In Lightning Oil Company v. Anadarko E&P Offshore, LLC, the surface and 1/6 of the minerals of the Chaparral Wildlife Management Area is owned by the Texas Parks and Wildlife Department. 5/6th of the minerals is owned by 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

En Banc Ninth Circuit Holds ESA Consultation Requirement Applies to Renewal of Long-Term Water Contracts

In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action...more

Court Clarifies "Taking" Of Endangered Species And Highlights What's "Enough" Under CEQA

In Ctr. for Biological Diversity v. Dep’t of Fish & Wildlife, No. B245141 (Cal. Ct. App. 2d Dist. Mar. 20, 2014), the appellate court reversed the trial court’s decision, which found that the Department of Fish and Wildlife’s...more

Court of Appeal Confirms AB 32 Target Is Proper CEQA Significance Threshold

The strongly worded opinion in Center for Biological Diversity v. California Department of Fish and Wildlife (Case Number B245131)(CBD v. CDFW) by the Court of Appeal of California, Second Appellate District has confirmed...more

In Massachusetts, Regulatory Agencies Are Still (Almost) Always Right

The Massachusetts Endangered Species Act, or MESA, is similar in some respects to the federal ESA, but is definitely its own kettle of (endangered) fish. Indeed, after the decision by the Supreme Judicial Court yesterday in...more

California Department of Fish and Wildlife Increases CEQA Document Filing Fees

Filing Fees for CEQA Notices of Determination Increase Effective January 1, 2014 - Effective January 1, 2014, the California Department of Fish and Wildlife (DFW) has increased its filing fees for all CEQA Notices of...more

California Environmental Law and Policy Update - November 19, 2013

Environmental and Policy Focus - California Court Upholds State's Authority to Sell Carbon Allowances at Auction: Reuter's - Nov 14 -- The California Air Resources Board (ARB) can sell carbon emission allowances at...more

U.S. Fish And Wildlife Service Proposes To List The Vandenberg Monkeyflower As Endangered

Yesterday, the U.S. Fish and Wildlife Service issued two proposed rules for the Vandenberg monkeyflower (Diplacus vandenbergensis), a small annual herb only known to occur at nine locations in western Santa Barbara County. ...more

California Department Of Fish And Wildlife Begins Process Of Updating The California Wildlife Action Plan

The California Department of Fish and Wildlife (CDFW) has begun the process of updating California’s Wildlife Action Plan, a guidance document that sets goals for improving the state’s wildlife resources. CDFW is holding a...more

Environmental Law Alert: Oregon HB 3086 Allows Consideration of Off-Site Mitigation for Sage Grouse Habitat

Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected....more

Citing Increasing Threats From Urbanization, the U.S. Fish and Wildlife Service Lists Two Central Texas Salamanders Pursuant to...

Recent U.S. Fish and Wildlife Service (service) actions pursuant to the Federal Endangered Species Act (ESA) have the potential to significantly affect public and private development in Central Texas, as well as any other...more

U.S. Fish & Wildlife Service Extends Comment Period For Proposed Listing Of Gunnison Sage-Grouse

The U.S. Fish and Wildlife Service (Service) announced this week that it will extend for six months a final decision on whether to list the Gunnison sage-grouse (Centrocercus minimus) under the Endangered Species Act (ESA),...more

ESA Lawsuit Filed Challenging Operations At The Trinity River Fish Hatchery

The Trinity River Hatchery, which is operated by the California Department of Fish and Wildlife and funded by the U.S. Bureau of Reclamation, has a production capacity of approximately 40 million salmonid eggs....more

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more

U.S. Fish And Wildlife Service Proposes Limited Exception To Endangered Species Act Protections For Lesser Prairie-Chicken

On May 6, 2013, the U.S. Fish and Wildlife Service (Service) proposed a limited exception to the Endangered Species Act (ESA) protections currently being considered for the lesser prairie-chicken (Tympanuchus pallidicinctus)....more

California Environmental Law and Policy Update - April 8, 2013

In This Issue: Environmental and Policy Focus - EPA proposes rules to lower sulfur in fuel; Home Depot pays $8 million to settle California paint lawsuit; Center for Biological Diversity sues federal government over...more

Infrastructure Alert - March 26, 2013

This Friday, President Obama will visit the Port of Miami. On July 19, 2012, President Obama put the Port of Miami on his “We Can’t Wait” list of expedited infrastructure projects to instruct the Army Corps of Engineers to...more

Comment Period Extended For Proposed Listing Of Gunnison Sage Grouse

On March 13, 2013, the U.S. Fish and Wildlife Service (Service) extended the public comment period for two proposed rules relating to the Gunnison sage-grouse (Centrocercus minimus). As we previously reported, the Service...more

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