News & Analysis as of

California Fish and Game Commission

Allen Matkins

Western Burrowing Owl’s CESA Candidacy Triggers New Compliance Obligations for Developers

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On October 10, 2024, the California Fish and Game Commission (Commission) unanimously voted to designate the western burrowing owl (Athene cunicularia hypugaea) as a candidate species under the California Endangered Species...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

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On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Allen Matkins

Joshua Tree Conservation Plan Remains Under Review

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The California Fish and Game Commission (Commission) accepted public comment on the draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) at its February 12, 2025 meeting, but no formal action was taken. As...more

Allen Matkins

California Environmental Law & Policy Update 12.20.24

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On December 12, 2024, the California Department of Fish and Wildlife released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as required by...more

Allen Matkins

Draft Joshua Tree Conservation Plan Released for Public Comment

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On December 12, 2024, the California Department of Fish and Wildlife (CDFW) released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as...more

Allen Matkins

Sustainable Development and Land Use Update 12.5.24

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SB 684, which took effect on July 1 of this year, provides for streamlined, ministerial processing of certain residential projects in multifamily zoning districts consisting of no more than 10 single-family homes. The law...more

Brownstein Hyatt Farber Schreck

New CESA Candidate Species Impacts Project Permitting Requirements Throughout California

At its Oct. 9-–10, 2024, meeting in Sacramento, the California Fish and Game Commission (Commission) unanimously voted to make the western burrowing owl a “candidate” species under the California Endangered Species Act...more

Troutman Pepper Locke

California Open to Input on Endangered Species Listing for Burrowing Owl

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The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now...more

Allen Matkins

California Environmental Law & Policy Update 10.11.24

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At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more

Allen Matkins

Sustainable Development and Land Use Update 10.11.24

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The western burrowing owl secured temporary protection this Thursday under California’s Endangered Species Act. The state Fish and Game Commission voted to give the owls candidate status and temporary protection, expected to...more

Allen Matkins

Has California Just Declared A Fish To Be "Official State Crustacean"?

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California is a biologically confused state.  Section 45 of the California Fish & Game Code defines "fish" to mean a "wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals". ...more

Allen Matkins

Sustainable Development and Land Use Update 6.27.24

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As detailed in our previous Legal Alert, six conservation groups filed a petition with the California Fish and Game Commission (Commission) on March 5, 2024 to request the implementation of legal protections for five...more

Allen Matkins

Commission Grants Extension for Review of Potential Burrowing Owl Protections

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As detailed in our previous Legal Alert, six conservation groups filed a petition with the California Fish and Game Commission (Commission) on March 5, 2024 to request the implementation of legal protections for five...more

Allen Matkins

California Environmental Law & Policy Update 6.14.24

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Chemical and manufacturing groups sued the federal government on Monday over a landmark drinking water standard that would require cleanup of certain PFAS, so-called forever chemicals, which have been linked to cancer and...more

Allen Matkins

Sustainable Development and Land Use Update 6.10.24

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A California Supreme Court ruling will allow student housing at University of California to be built at Berkeley's historic People's Park. In February 2023, a state appeals court in San Francisco had sided with the opponents,...more

Allen Matkins

Renewable Energy Update 6.03.24

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The California Independent System Operator’s board on May 23 approved a $6.1 billion, 10-year transmission plan that includes projects to deliver offshore wind to customers. Transmission projects to access clean energy...more

Nossaman LLP

Groups Petition California Fish and Game Commission to List Western Burrowing Owl

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On March 5, 2024, the Center for Biological Diversity and several other groups submitted a petition to the California Fish and Game Commission (the Commission) to list the western burrowing owl (Athene cunicularia hypugaea)...more

Allen Matkins

California Supreme Court Declines To Decide Whether A Bumble Bee Is A Fish

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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

Nossaman LLP

Listing Decision on Western Joshua Tree Delayed by Tied Vote

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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

Allen Matkins

California Court Declares A Bumblebee To Be A Fish

Allen Matkins on

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

Nossaman LLP

Fish and Game Commission to Consider Protections for Southern California Steelhead

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In July 2021, CalTrout submitted a petition to the California Fish and Game Commission (Commission) to list a population of the fish Oncorhynchus mykiss, referred to as the Southern California Steelhead or Southern Steelhead,...more

Nossaman LLP

Fish and Game Commission Violated Law by Seeking to Protect Bees under CESA

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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

Allen Matkins

Renewable Energy Update - September 2020 #4

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California grants western Joshua trees temporary endangered species protections - Bullet Los Angeles Times – September 22 - The California Fish and Game Commission this Tuesday granted temporary endangered species...more

Nossaman LLP

California Fish and Game Commission defers Decision on Joshua tree

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The California Fish and Game Commission deferred the decision on whether to make the western Joshua tree a candidate for listing to a special meeting in September 2020. In a hearing on August 20, 2020, the Commission heard a...more

Nossaman LLP

California Fish and Game Commission Adopts Delta Fisheries Management Policy and Revises Striped Bass Policy

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On February 21, 2020, the California Fish and Game Commission (Commission) voted 4-0 to adopt a new Delta fisheries management policy and a revised Striped bass policy supported by Commission staff and the Department of Fish...more

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