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Commission Approves Western Joshua Tree Conservation Plan

The California Fish and Game Commission (Commission) took final action to approve the Western Joshua Tree Conservation Plan (Conservation Plan) at its August 13, 2025, meeting. As detailed in our previous alert, the...more

Beyond Sackett: California’s Expanding Role in Wetlands Permitting and the Future of “Waters of the State”

California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more

Recent Amendments to the Starter Home Revitalization Act

SB 684 and SB 1123 (Caballero) expand the Starter Home Revitalization Act to further facilitate the construction of “starter” home projects consisting of up to 10 dwelling units (not exceeding an average of 1,750 net...more

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

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

Proposed Revisions to Draft Joshua Tree Conservation Plan

The California Fish and Game Commission (Commission) held its second meeting on the Western Joshua Tree Conservation Plan (Draft Conservation Plan) on April 16, 2025. Though no formal action was taken, the Commission received...more

California Court Clarifies CEQA Tribal Consultation Duties in First Published AB 52 Decision

On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more

Joshua Tree Conservation Plan Remains Under Review

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

Inflation and Rising Costs Won’t Slow Multifamily Momentum

Vacancy rates across the state are showing improvement, particularly in San Francisco, which reflects California’s housing shortage. Demand also remains strong, and supply is growing, suggesting confidence in the sector...more

The Future of Conservation Easements as Mitigation under CEQA

The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more

Draft Joshua Tree Conservation Plan Released for Public Comment

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

California Court of Appeal Clarifies What Constitutes a “Rare” Species Under CEQA

On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the...more

Proposed Rule Offers New Process for Agency Enforcement of Lake or Streambed Alteration Agreements

On May 3, 2024, the California Department of Fish and Wildlife (CDFW or Department) published a Notice of Proposed Action (Proposed Rule) to update its regulations for Lake or Streambed Alteration Agreements (LSAAs). As...more

California Considers Endangered Species Protection for Burrowing Owls - 2024 Land Use, Environmental & Natural Resources Update

On March 5, 2024, six conservation groups filed a petition with the California Fish and Game Commission (the Commission) to request the implementation of legal protections for five populations of the western burrowing owl...more

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