california endangered species act
When is a bee a fish?
The California Court of Appeal finds that invertebrates can be protected under the California Endangered Species Act
That was the question before the Third District of the California Court of Appeal. The California Fish and Game Commission had accepted petitions to list four species of native California bees for protection under the California Endangered Species Act (CESA). A group of agricultural trade associations challenged the decision as exceeding the Commission’s authority …
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CONTINUE READINGReforming the California Endangered Species Act
Updating the state’s landmark biodiversity law for the twenty-first century
California has a rich heritage of biodiversity, with many species found nowhere else in the world (including the iconic giant sequoia trees). But California’s biodiversity faces grave threats – pressures from development that eliminates habitat; water shortages that harm aquatic species in California’s rivers; and climate change impacts that are shifting and altering habitats, among …
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CONTINUE READINGWhy is Newsom vetoing SB 1?
Comparing the Governor’s statements with the text of the bill
The California legislature recently passed SB 1, which would translate into state law a range of federal environmental and worker safety standards that were in place before the inauguration of President Trump to protect against federal roll backs in those areas. However, Governor Newsom has indicated he will veto SB 1, on the grounds that …
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CONTINUE READINGMore on saving the monarch butterfly
Both federal and state action are needed, and it will take more than milkweed planting
Eric posted an excellent analysis last month of the desirability of protecting the monarch butterfly under California’s Endangered Species Act (CESA). I wanted to add a brief coda (as well as a couple of pictures) to his post, to emphasize the need for federal as well as state action, and to expand on the steps …
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CONTINUE READINGSave the Monarch!
The plight of California’s iconic butterfly highlights the need to overhaul the state’s endangered species law
The Monarch butterfly is an iconic species for Californians. And it is heading rapidly towards extinction within the state, as the population counts for the California population this year indicate that butterfly numbers fell 86% in a single year, over a 99% drop since the 1980s, and the size of the population is now small …
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CONTINUE READINGRecreational marijuana legalization in California
Will a proposed ballot initiative on recreational marijuana legalization in California help the environment
In the wake of the enactment by the legislature of a regulatory structure for medical marijuana, it looks like voters in 2016 will probably be able to decide whether to legalize recreational use as well. Leading advocates for legalization of recreational marijuana have submitted a language for a ballot initiative to the California Secretary of …
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CONTINUE READINGCalifornia Supreme Court Continues to Expand Its Environmental Docket
Justices Considering Unprecedented Number & Variety of Environmental Law Issues
At the beginning of 2015, I posted on this site an analysis of the California Supreme Court’s environmental law docket. My conclusion was that California’s highest court was showing unprecedented interest in environmental law–as demonstrated by the fact that it then had pending nine cases arising under the California Environmental Quality Act (CEQA) and 20 …
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CONTINUE READINGMixed results in CA medical marijuana legislation
New state law to regulate medical marijuana makes important environmental progress, still much to be done
California is moving towards marijuana legalization. This is a good and important thing for a whole host of reasons, but one important reason is the environmental impact of unregulated and illegal marijuana cultivation on the environment – something that has been discussed both in the news and here on Legal Planet. Those impacts include diversion …
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CONTINUE READINGSingin’ the California Delta Blues (Muddy Waters Ahead?)
But there really is a California Delta, and it’s vitally important to the state’s water supply. It also raises major environmental issues. The struggle to manage the Delta has also given rise to one of the most ambitious experiments in collaborative governance anywhere — an experiment that had some successes but ultimately seemed to hit a brick wall.
CONTINUE READINGCalifornia’s Salmon Crisis – Searching for Solutions
All the available scientific evidence indicates that California’s salmon populations are in deep trouble: several sub-species are currently listed as threatened or endangered under federal and state endangered species laws; the commercial salmon fishing season off the Northern California coast will be shut down for the second year in a row; and the resulting economic …
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