California Supreme Court

Central Coast Forest Association, Plaintiffs and Respondents v. Fish and Game Commission, Defendant And…

February 27, 2017214 Cal. Rptr. 3d 265

Summary

The court held that a petition to delist a species may challenge an earlier listing decision when it relies on new evidence showing that the species did not qualify for listing. CESA does not limit delisting petitions to conditions arising after the original listing, and its provisions permitting review based on new scientific information support reconsideration of prior decisions. The court reversed and remanded for the Court of Appeal to address the unresolved merits in the first instance.