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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