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Center for Biological Diversity v. California Fish & Game Commission

Filing Date: 2009
Case Categories:
  • State Law Claims
    • Environmentalist Lawsuits
Principal Laws:
California Endangered Species Act
Description: Challenge to denial by state agency to list American pika as “threatened” species under California Endangered Species Act
  • Center for Biological Diversity v. California Fish & Game Commission
    Docket number(s): CPF 09-509927
    Court/Admin Entity: Cal. Super. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    10/19/2010 Order Petition granted. For the second time, a California state court ordered California’s Fish and Game Commission to study whether the America pika had become endangered under California’s Endangered Species Act because of climate change, holding that the Commission improperly refused to consider new scientific studies since environmental groups first petitioned for the species’ protection.
    10/28/2009 Petition for Writ of Mandate Download Petition for writ of mandate filed. The Center for Biological Diversity (CBD) filed a lawsuit challenging the California Fish and Game Commission’s rejection of its petition to protect the American pika under the California Endangered Species Act. The complaint alleged that the Commission ignored scientific evidence showing that climate change posed a threat to the pika, a hamster-like mammal that lives near mountain peaks in the western U.S.  On October 1, 2009, the Commission finalized a decision that found that listing the pika as endangered or threatened was unwarranted. In May 2009, the same court found that the Commission had applied the wrong legal standard in rejecting the CBD’s petition in 2008 and ordered it to reconsider the request.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.