California Court of Appeal
Center for Biological Diversity v. Department of Fish and Wildlife, C072486
In these consolidated appeals involving a program environmental impact report (EIR) analyzing the statewide impacts of a statutorily mandated fish hatchery and stocking enterprise that has been in operation for more than 100 years, the trial court's judgment is: 1) affirmed as to case Nos. C072486 and C073011, where, given the history, nature, and scope of the project under review, the Department of Fish and Wildlife did not abuse its discretion in the manner it organized the EIR, analyzed the project, and mitigated its numerous impacts; and 2) reversed as to case No. C072790, where each qualification requirement and monitoring and reporting obligation imposed by the Department on private fish vendors qualified as a regulation under the Administrative Procedure Act that the Department did not properly adopt as such.
Appellate Information
- Decided 02/10/2015
- Published 02/10/2015
Judges
- Nicholson
Court
- California Court of Appeal