Task Force Shares Information on Governor’s Emergency Proclamation to Expedite Fire Fuel Treatments

On March 1, 2025, Governor Newsom proclaimed a State of Emergency to expedite implementation of fire fuel treatment projects. Among other provisions, the Proclamation directs the suspension of certain “statutes, rules, regulations, and requirements” for projects subject to approval by departments of the California Natural Resources Agency and the California Environmental Protection Agency for “critical fuel reduction projects” that are “initiated this calendar year.” It also called for the immediate update of the California Vegetation Treatment Program EIR to increase its usefulness and efficiency for “promoting rapid environmental review for large wildfire risk reduction treatments.” At its Regional Meeting in Marin County on March 27, 2025, the California Wildfire and Forest Resilience Task Force released more information to explain how CNRA and CalEPA will execute this directive.

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CEQA Considerations for Community Wildfire Protection Plans

Community Wildfire Protection Plans (CWPPs) focus on reducing wildfire risk to people, homes, businesses, watersheds, cultural resources, infrastructure, natural ecosystems, and other values or resources within the community. CWPPs are collaboratively developed by local, state, federal and tribal partners, such as emergency responders, FireSafe Councils, local planning staff, and state or federal resource agencies. The California CWPP Toolkit, a great new resource, has been launched by the state. It is a free online resource containing a comprehensive guide, customizable template, best practices, and additional resources to help communities develop and implement effective CWPPs.

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New General Plan Requirements for Open Space and Habitat Connectivity

Two new state laws—Senate Bill (SB) 1425 and Assembly Bill (AB) 1889—require counties and cities to update their general plans to address equitable access to open space, rewilding, wildlife and habitat connectivity, and climate resilience. SB 1425 requires every city and county to review and update its general plan open space element by January 1, 2026, to include plans and an action program that address equitable access, correlated with the environmental justice element; climate resilience and other co-benefits of open space, correlated with the safety element; and rewilding opportunities correlated with the land use element. AB 1889, the “Room to Roam Act,” requires cities and counties to consider the effect of development on wildlife movement and habitat connectivity in the adoption or next revision of their general plan conservation element beginning on January 1, 2028. These new laws can guide the development of more inclusive, resilient, and ecologically connected landscapes across California.

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CEQA Wildfire Risk Evaluation – How Much Analysis Is Enough?

On October 23, 2024, the California First District Court of Appeal released its decision on People of the State of California Ex Rel. Rob Bonta, Attorney General, et al. v. County of Lake. The ruling addressed the Environmental Impact Report (EIR) prepared for the Guenoc Valley Mixed-Use Planned Development Project, a luxury resort consisting of residential estate villas, hotel units, and related infrastructure on 16,000 acres in an unincorporated and largely undeveloped area of Lake County known as the Guenoc Valley Ranch.

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Western Burrowing Owl Becomes a Candidate for Listing under CESA

On October 10, 2024, the California Fish and Game Commission accepted a petition to list western burrowing owl (Athene cunicularia hypugaea) under the California Endangered Species Act (CESA) and designated the species as a candidate species. This decision has triggered a 12-month status review by the California Department of Fish and Wildlife (CDFW). A decision on whether to list this species is expected by spring of 2026; however, as a candidate species, western burrowing owl is afforded the same protections as a listed species under CESA, including prohibition of take of individuals.

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New CEQA Exemption for Nonmotorized Public Access

AB 2091 was signed by Governor Newsom on September 22, 2024, creating a new CEQA exemption for non-motorized public access. The new exemption applies to park districts and the Great Redwood Trail Agency (GRTA) when providing new nonmotorized public access to existing roads, trails, parking areas, and similar areas owned by the park district or GRTA. To use the new exemption, the lead agency must hold a public meeting to solicit input, consider effects on natural and tribal cultural resources, make required findings, and file a Notice of Exemption.

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In CEQA, What is a “Rare” Species?

What is a “rare” species? In the context of the California Environmental Quality Act (CEQA) Guidelines, this became a central question in the recent court decision, Nassiri v. City of Lafayette, et al., First District Court of Appeals, June 27, 2024. The Section 15380 definition of “Endangered, Rare or Threatened Species” has long been a part of the Guidelines. This section also mandates lead agencies to consider a species endangered, rare, or threatened if it can be shown to meet the qualifying criteria described therein, even when the species is not listed under either the California Endangered Species Act (CESA) or federal Endangered Species Act (ESA). Public agencies serving as a CEQA lead or responsible agency carry the responsibility to consider a species’ qualification as endangered, rare, or threatened under CEQA based on the facts of the project. This responsibility raises important issues for the environmental practitioner.

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AB 1757 Nature-Based Solutions Climate Targets Released

The California Department of Fish and Wildlife (CDFW) issued a Restoration Management Permit(RMP) to California State Parks in December 2023 for the Mount Diablo State Park Vegetation Treatment Project. The RMP is the first approved for a CalVTP vegetation treatment project. It is part of CDFW’s Cutting the Green Tape program to accelerate the pace and scale of restoration throughout the state. CSP’s CalVTP project qualified for the first RMP because it would create ecological benefits for the covered species, Alameda whipsnake.

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