CENTER FOR BIOLOGICAL DIVERSITY v. FISH & GAME COM.

No. C055059.

166 Cal.App.4th 597 (2008)

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff and Respondent, v. FISH AND GAME COMMISSION, Defendant and Appellant.

Court of Appeals of California, Third District.

September 2, 2008.


Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Thomas Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, and William D. Cunningham, Deputy Attorney General, for Defendant and Appellant.

Chatten-Brown & Carstens, Jan Chatten-Brown, Amy Minteer; and Kassia R. Siegel for Plaintiff and Respondent.


OPINION

BUTZ, J.

In this case we decide that California's Fish and Game Commission (the Commission) erred in rejecting at the threshold a petition to add the California tiger salamander1 to the Commission's list of endangered species, under the California Endangered Species Act (CESA; Fish & G. Code, § 2050 et seq.).2 Under CESA a petition for listing must be accepted for consideration...

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