Natural Resources Defense Council v. California Fish & Game Commission

(1994) 28 Cal.App.4th 1104

The Court of Appeal held that the Fish and Game Commission, in scrutinizing a petition to list a species as threatened or endangered under the California Endangered Species Act, must advance the species to “candidacy” status if the petition, considered in light of the Department of Fish and Game’s staff report and any comments received by the Commission, contains sufficient information to lead a reasonable person to conclude there is a substantial possibility the requested listing should occur. The court thus struck down the Commission’s refusal to advance the California gnatcatcher to candidacy status, and directed the Commission to reconsider the petition in light of the appropriate evidentiary standard. [RMM Counsel of record: Whitman F. Manley]