RECENT CALIFORNIA DECISIONS

November 2006

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Third District Finds Public Agencies Fulfilled Their Statutory Duties under CEQA and CESA In Creating Natomas Basin Habitat Conservation Plan
Environmental Council of Sacramento v. City of Sacramento, et al.,

On August 9, 2006, the Third District Court of Appeal affirmed the trial court’s denial of a petition for a writ of mandate challenging the adoption of a habitat conservation plan in northern Sacramento. The court found that substantial evidence existed that defendants, City of Sacramento and Sutter County, discharged their duty to fully account for the environmental consequences of the 2003 Habitat Conservation Plan for the Natomas Basin and implementation agreement. The court further found that the Department of Fish and Game (DFG) upheld its responsibilities to protect threatened species.