California Supreme Court Watch

Aug 19, 2015
#15-152 Friends of the Santa Clara River v. County of Los Angeles, S226749

#15-152 Friends of the Santa Clara River v. County of Los Angeles, S226749. (B256125; nonpublished opinion; Los Angeles County Superior Court; BS136549.) Petition for review after the Court of Appeal affirmed the judgment in an action for writ of administrative mandate. The court ordered briefing deferred pending decision in Center for Biological Diversity v. Department of Fish & Wildlife, S217763 (#14-69), which presents the following issues: (1) Does the California Endangered Species Act (Fish & Game Code, § 2050 et seq.) supersede other California statutes that prohibit the taking of “fully protected” species, and allow such a taking if it is incidental to a mitigation plan under the California Environmental Quality Act (Pub. Resources Code, §21000 et seq.)? (2) Does the California Environmental Quality Act restrict judicial review to the claims presented to an agency before the close of the public comment period on a draft environmental impact report? (3) May an agency deviate from the Act’s existing conditions baseline and instead determine the significance of a project’s greenhouse gas emissions by reference to a hypothetical higher “business as usual” baseline?

Review granted/briefing deferred 08/19/2015

See the Petition for Review.