Sunflower Alliance v. Cal. Dept. of Conservation

Filed 10/7/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

SUNFLOWER ALLIANCE,

Plaintiff and Respondent, A167698 v. CALIFORNIA DEPARTMENT OF (Contra County CONSERVATION et al., Super. Ct. No. N221503) Defendants;

REABOLD CALIFORNIA, LLC, ORDER DENYING

RESPONDENT’S PETITION

Real Party in Interest and FOR REHEARING AND Appellant. MODIFYING OPINION [NO CHANGE IN JUDGMENT]

BY THE COURT:

Respondent’s petition for rehearing is DENIED. The opinion filed on September 6, 2024, shall be MODIFIED as follows:

1. On page eight, in the first sentence of the first full paragraph, the misspelled word “Categorial” is deleted and replaced with: Categorical.

2. On page 13, footnote four is deleted.

3. On page 13, after the first partial paragraph, two new paragraphs are added to read:

1 In a petition for rehearing, Sunflower argues that the Secretary could not have intended to require an assessment of the project’s environmental impacts at this early stage in the process, i.e., when determining…