Center for Biological Diversity v. Dept. of Fish and Wildlife

I. INTRODUCTION

Defendant, California Department of Fish and Wildlife (the department), and real

party in interest, The Newhall Land and Farming Company (the developer), appeal from

a judgment granting a mandate petition. The judgment, entered October 15, 2012, was

granted in favor of plaintiffs: Center for Biological Diversity; Friends of the Santa Clara

River; Santa Clarita Organization for Planning the Environment; Wishtoyo

Foundation/Ventura Coastkeeper; and California Native Plant Society. The litigation and

appeal arise from the department’s December 3, 2010: certification of the revised final

environmental impact statement and impact report; approval of the Newhall Ranch

Resource Management and Development Plan (resource management and development

plan); the adoption of the Spineflower Conservation Plan and Master Streambed

Alteration Agreement (streambed alteration agreement); and issuance of two incidental

take permits. We issued an opinion reversing the October 15, 2012 judgment. (Center

for Biological Diversity v. Department of Fish and Wildlife (2014) 224 Cal.App.4th 1105,

review granted July 9, 2014, No. S217763.) Our Supreme Court granted review…