Center for Biological Diversity v. California Department of Fish and Game, et al. (2014) 224 Cal.App.4th 1105, review granted and depublished (July 9, 2014), 2014 Cal.LEXIS 5032.

The California Supreme Court granted review and depublished the Court of Appeal opinion. (2014 Cal.LEXIS 5032.) The court agreed to hear the following questions: (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?

Citizens for Environmental Responsibility v. State ex rel. 14th Dist. Ag. Assn., S218240. (2014) 224 Cal.App.4th 1542, review granted and depublished (July 9, 2014), 2014 Cal.LEXIS 4992.

The California Supreme Court granted review and ordered briefing deferred pending decision in Berkeley Hillside Preservation v. City of Berkeley, S201116, which presents the following issue: Did the City of Berkeley properly conclude that a proposed project was exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) under the categorical exemptions set forth in California Code of Regulations, title 14, sections 15303, subdivision (a), and 15332, and that the “Significant Effects Exception” set forth in section 15300.2, subdivision (c), of the regulations did not operate to remove the project from the scope of those categorical exemptions?

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