San Bernardino Valley Audubon Society v. City of Moreno Valley

San Bernardino Valley Audubon Society and Friends of the Northern San Jacinto Valley (collectively Audubon) filed a petition for writ of mandate challenging approvals for the Moreno Highlands development. The second cause of action, alleging violations of the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.) was severed for trial. The trial court determined CESA allowed the Department of Fish and Game (Department) to issue permits for “take” of an endangered species, the Stephens’ Kangaroo Rat (SKR), which would result from the development. Audubon appeals from the trial court’s order denying its petition for writ of mandate as to the second cause of action.

Facts

Moreno Highlands (the project) is a proposed development project in Moreno Valley. The project site consists of 3,038 acres of flat and rolling grasslands bounded on the northeast by the Badlands area, on the south by the San Jacinto Wildlife Area, on the southeast by the Lake Perris State Recreation Area, and on the east and west by agricultural land. The project site contains occupied habitat of the SKR.

The SKR is a small, nocturnal mammal related to the squirrel family of rodents.…