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ENVIRONMENTAL COUNCIL OF SAC. v. CITY OF SACRAMENTO

No. C049527.

48 Cal.Rptr.3d 544 (2006)

142 Cal.App.4th 1018

ENVIRONMENTAL COUNCIL OF SACRAMENTO et al., Plaintiffs and Appellants, v. CITY OF SACRAMENTO et al., Defendants and Respondents; Alleghany Properties, Inc., et al., Real Parties in Interest and Respondents.

Court of Appeal of California, Third District.

August 9, 2006.

Attorney(s) appearing for the Case

Law Office of James P. Pachl, James P. Pachl, Sacramento, Law Office of Donald B. Mooney, and Donald B. Mooney, Davis, for Plaintiffs and Appellants.

Morrison & Foerster, Clark Morrison, Andrew B. Sabey, and R. Chad Hales, Walnut Creek, for Defendants and Respondents City of Sacramento and County of Suter.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, and Bruce Reeves, Deputy Attorney General, for Defendant and Respondent California Department of Fish and Game.

Law Offices of Gregory D. Thatch and Larry C. Larsen, Sacramento, for Real Parties in Interest and Respondents.

RAYE, J.

California and federal law provide protection for fish, plant, and wildlife species that are threatened with extinction and for their habitats. Habitat protections inevitably impact land use decisions and must be considered in evaluating the environmental impact of proposed development. However, protections accorded species like the Swainson's hawk and the giant garter snake are not absolute. Development may...

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