California Court of Appeal

Judgment for plaintiffs in their challenge to defendant's certification of the revised final environmental impact statement and impact report, approval of the Newhall Ranch Resource Management and Development Plan, adoption of the Spineflower Conservation Plan and Master Streambed Alteration Agreement, and issuance of two incidental take permits, is reversed and remanded, where: 1) there is substantial evidence no take or possession within the meaning of Fish and Game Code sections 86 and 5515(a)(1) respectively will occur; 2) none of plaintiffs' contentions may serve as a basis for disapproving the environmental impact report because of its failure to adequately address issues relating to Native-American cultural resources; 3) substantial evidence supports the department's economic infeasibility finding as to Alternative 6; 4) substantial evidence supports defendant's mitigation plan determinations; and 5) no abuse of discretion occurred in connection with the issuance of the incidental take permit.

Appellate Information

• Decided 03/20/2014
• Published 03/20/2014

Judges

• TURNER

Court

• California Court of Appeal

Counsel