Jump to Navigation
Jump to Content

Central Coast Forest Ass'n v. California Fish & Game Commission

ELR Citation: 42 ELR 20257
Nos. C060569, (Cal. Ct. App. 3d Dist., 12/14/2012)

A California appellate court reversed a lower court decision granting lumber companies' petition to delist coho salmon from the California list of endangered species. The companies' petition sought to show that there was no basis for the California Fish & Game Commission's 1995 finding that coho salmon are an endangered species. But a petition to delist a species may not be used to challenge a final determination of the Commission. The delisting procedure is not a means by which new information may be submitted on the merits of a final determination. The exclusive means of judicial review of the merits is by administrative mandamus. Any other conclusion would undermine the finality of the administrative decision and bypass the standard by which a delisting decision is to be judged. Since a delisting petition may not be used at all to challenge a final decision of the Commission, the petition failed at the outset and should have been denied.