Planning and Conservation League, et al. v. DFG (CESA Protection Suit)

Planning and Conservation League, et al. v. DFG (CESA Protection Suit)


In March 1995 California Governor Pete Wilson and the Department of Fish and Game issued a five-year, Emergency Management Measures Permit suspending protections for threatened, endangered, and candidate species, effectively gutting the California Endangered Species Act. This suit alleged the Governor of California exceeded his authority under the Emergency Services Act. The permit would have allowed unlimited and indiscriminate take of species without any associated management activities designed to provide a benefit to the species. Thirteen organizations joined as plaintiffs including The Planning and Conservation League, EPIC, Natural Resources Defense Council, Sierra Club, National Audubon Society, Monterey Peninsula Audubon Society, Golden Gate Audubon Society, California Association of Professional Scientists, California Trout, Mountain Lion Foundation, California Native Plant Society, and Friends of the Swainson’s Hawk. Suit was filed against the California Department of Fish and Game, and Pete Wilson, Governor of the State of California.

Procedure: Complaint filed 6/6/95 in San Francisco County Superior Court (970119). Petition for Writ of Mandate granted by the court on 1/17/96.

Status: – Trial court ruled in favor of the plaintiffs citing that the Department of Fish and Game had exceeded its authority under the California Endangered Species Act in issuing the Emergency Management Measures Permit. First Appellate District unanimously affirmed trial court decision, 4/10/97.

Attorney: J. William Yeates.

EPIC Contacts: Brian Gaffney.