Center for Biological Diversity, Plaintiffs and Respondents v. Department of Fish and Wildli — Chin, J…

Summary

Justice Chin, dissenting, would affirm the Court of Appeal's judgment. He agrees that the agencies properly compared the project's greenhouse gas emissions with a business-as-usual model, but concludes the EIR adequately explained the resulting reduction and that relocating protected fish was permissible live trapping and transplantation rather than a prohibited taking. He also agrees that two CEQA objections should not have been deemed forfeited, but finds the error harmless because the objections were rejected on their merits. Justice Corrigan, concurring in part and dissenting in part, agrees with the majority on the fish issue and the greenhouse-gas methodology but would uphold the EIR's application of that methodology.