1 CERTIFIED for PUBLICATION in the COURT of APPEAL of the STATE of CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---CENTRAL
Filed 1/5/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CENTRAL COAST FOREST ASSOCIATION et al., C060569 Plaintiffs and Respondents, (Super. Ct. No. 07CS00851) v. OPINION ON REMAND FISH AND GAME COMMISSION, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Sacramento County, Gail D. Ohanesian, Judge. (Retired judge of the Sacramento Super. Ct., assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed. Edmund G. Brown, Jr., Kamala D. Harris and Xavier Becerra Attorneys General, Mary E. Hackenbracht, Kathleen A. Kenealy and Robert W. Byrne, Assistant Attorneys General, Sara J. Russell, Gavin G. McCabe, Tara L. Mueller and Cecilia L. Dennis, Deputy Attorneys General, for Defendant and Appellant. Deborah A. Sivas, Robb W. Kapla and Molly Loughney for Environmental Law Clinic, Center for Biological Diversity, Turtle Island Restoration Network, California Trout, Central Coast Forest Watch and Lompico Watershed Conservancy as Amici Curiae on behalf of Defendant and Appellant. Murphy & Buchal and James L. Buchal for Plaintiffs and Respondents. Damien M. Schiff and Anthony L. Francois for Pacific Legal Foundation as Amicus Curiae on behalf of Plaintiffs and Respondents. 1 The California Endangered Species Act (Fish & G. Code, § 2050 et seq., hereafter CESA)1 provides that a wild, native, species may be added to or removed from the regulation listing endangered species by a finding of the Fish and Game Commission (Commission) based on scientific information from the Department of Fish and Wildlife (department).2 (§§ 2074.6, 2075.5.) The standard for adding a wild, native species is that it is in serious danger of extinction.
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