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Environmental Council of Sacramento v. Sacramento, City of

ELR Citation: 36 ELR 20192
Nos. No. C049527, (Cal. App. 3d Dist., 09/11/2006)

A California appellate court upholds a city's and county's certification of a 2003 habitat conservation plan and implementation agreement for threatened hawks and snakes in the Natamos Basin, as well as the state wildlife department's plan for issuing incidental take permits in the area, under the California Environmental Quality Act and California Endangered Species Act. The city and county fully accounted for the environmental consequences of the plan and implementation agreement. And the evidence supports the department's finding that the plan will minimize and fully mitigate the incidental take of hawks and snakes, that the permits will not jeopardize the continued existence of either species, and that the mitigation measures will be adequately funded. A lower court, therefore, properly dismissed environmental groups' petitions for review.