News & Analysis as of

California Endangered Species Act

Allen Matkins

2025 Land Use, Environmental & Natural Resources Update

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California stands at a pivotal juncture in 2025, confronting an array of environmental and housing challenges. As usual, the California State Legislature is considering numerous strategies to address these issues. This year’s...more

Allen Matkins

Birds, Trees, and Bees – Oh My! Practical Guidance for Addressing Candidate Species in CEQA Analysis

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Several high-profile species — including the burrowing owl, Crotch’s bumble bee, western Joshua tree, western spadefoot toad, and the monarch butterfly — have recently been elevated to candidate status under either the...more

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

Troutman Pepper Locke

California’s AB 550: A Blueprint for Balancing Development and Species Conservation

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California’s drive toward a net-zero carbon economy by 2045 is sparking innovative solutions to harmonize environmental conservation with infrastructure development. Assembly Bill (AB) 550, sponsored by Assembly Member...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

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

Commission Grants Burrowing Owls “Candidate” Species Protections Under the California Endangered Species Act

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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 (Athene cunicularia hypugaea) as an endangered or threatened species in...more

Holland & Knight LLP

The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

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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

Downey Brand LLP

California Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law

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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

Allen Matkins

California Environmental Law & Policy Update - September 2022 #3

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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

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

Allen Matkins

California Environmental Law & Policy Update - June 2022 #3

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EPA sets stringent standards for PFAS in drinking water Bullet E&E News - June 15 The U.S. Environmental Protection Agency (EPA) on June 15 announced new drinking water “health advisories” for four per- and polyfluoroalkyl...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

Perkins Coie

California Court Rules Bees Can Be Listed Under the California Endangered Species Act

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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

Allen Matkins

California Environmental Law & Policy Update - June 2022

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EPA moves to give states and tribes more power to protect water - Associated Press - June 2 - The U.S. Environmental Protection Agency (EPA) on Thursday proposed to undo a Trump-era rule limiting the power of states and...more

Allen Matkins

California Court Declares A Bumblebee To Be A Fish

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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

California Court Maintains Protections for Western Joshua Tree

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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

Nossaman LLP

Podcast: Southern California Steelhead Trout: Potential Endangered Species Listing Opening Up a Big Can of Worms

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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

Nossaman LLP

An overview of the listing process under the California Endangered Species Act

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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

Perkins Coie

Sacramento Superior Court Rules That Insects Are Not Eligible for Listing Under the California Endangered Species Act

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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

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

California Environmental Law & Policy Update - October 2020 #5

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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

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