Center for Biological Diversity v. Fish & Game Commission

In this case we decide that California’s Fish and Game Commission (the Commission) erred in rejecting at the threshold a petition to add the California tiger salamander to the Commission’s list of endangered species, under the California Endangered Species Act (CESA; Fish & G. Code, § 2050 et seq.). Under CESA a petition for listing must be accepted for consideration if it is supported by sufficient information to lead a reasonable person to conclude there is a substantial possibility the requested listing could occur. (§ 2074.2; Natural Resources Defense Council v. Fish & Game Com. (1994) 28 Cal.App.4th 1104, 1108-1109 [ 33 Cal.Rptr.2d 904 ] (Natural Resources Defense Council).) The information in the administrative record shows the salamander species does not breed prolifieally, is vulnerable to several significant threats, has lost most of its original habitat, and has been displaced by a hybrid from a significant portion of its range. The Commission’s criticism of parts of this showing is not sufficient to support its finding that a reasonable person would conclude there is no substantial possibility that listing could occur.

The petition was brought by the Center…