Endangered Species Law & Policy

The California Court of Appeal’s First Appellate District issued a decision affirming the lower court in a case of first impression regarding the interpretation of the term person in the California Endangered Species Act (CESA). The issue presented to the court was whether the California Department of Water Resources (DWR) is a person for the purpose of CESA. The court held that a state agency is a ‘person’ within the meaning of section 2080, which prohibits any ‘person’ from taking an endangered or threatened species without appropriate permit authority from the California Department of Fish and Game.  The court decided the matter – despite the fact that DWR complied with the trial court’s writ and obtained proper authorization from the California Department of Fish and Game thus rendering the case moot – due to the importance of the issue.