Center for Biological Diversity, Plaintiffs and Respondent — Corrigan, J., Concurring in Part and Dissenting…

Summary

Justice Corrigan agreed that the greenhouse-gas methodology was permissible and that relocating the protected fish would constitute a prohibited taking, but dissented from the conclusion that the EIR lacked substantial evidence supporting its application of the methodology. She would have deferred to the lead agency's determination that a 31 percent reduction from business as usual was consistent with the 29 percent statewide goal and that the population-density comparison was adequate. Justice Chin, dissenting, would have affirmed the Court of Appeal, concluding that the EIR adequately addressed the greenhouse-gas issue and that the fish-relocation program was permissible live trapping and transplantation.