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El Niño has recently brought lots of rain to California, but it’s not quite time to start loading the animals two-by-two. However, the California Fish and Game Commission (Commission) did its part yesterday to save a potentially imperiled species by designating the Humboldt marten as a candidate species under the California Endangered Species Act (California ESA).

Humboldt marten, a mammal in the weasel family, can currently be found in forested areas in Northern California. Candidacy listing means the Humboldt marten now has full protection under the California ESA pending the review to list as threatened or endangered.  Those who work near Humboldt martens–mostly timber companies–now have two options during the candidacy period: (1) obtain authorization from the California Department of Fish and Wildlife (CDFW) to take Humboldt martens, which can be a time consuming process; or (2) assume the risk of an enforcement action for take violations if Humboldt martens are not avoided.

While this listing may appear to only affect a small geographic area, the decision has much broader implications for species listings throughout the state.
Continue Reading California Fish & Game Commission Adopts “Very, Very Low” Standard for Candidacy under California ESA

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 (“Department”) certification of an environmental impact statement and report (“EIR”) was “not supported by substantial evidence.”  In a sprawling 117-page, published Opinion, the appellate court rejected the notion that a 5,828-page, project level EIR, which did not approve any specific construction, was insufficient.

We focus only on the Department’s challenged certification of the EIR, which studied a resource management plan, conservation plan, and streambed alteration agreement, as well as the issuance of incidental take permits under California’s Endangered Species Act (“CESA”).  The underlying Newhall Ranch project, a specific plan approval in Los Angeles County, would allow residential, mixed-use, and non-residential land uses and provide up to 21,308 dwelling units, essentially building a new city.  The trial court found, among other things, that the Department “failed to conduct an independent review of project impacts,” that many of its findings were not supported by substantial evidence, and that it failed to prevent the taking of the Unarmored Threespine Stickleback (“stickleback”), a fully protected fish under CESA.Continue Reading Court Clarifies “Taking” Of Endangered Species And Highlights What’s “Enough” Under CEQA

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