In Almond Alliance of California v. Fish & Game Com. (2022) 79 Cal.App.5th 337, the Third District Court of Appeal held that the Fish and Game Commission (Commission) did not exceed its statutory authority under the California Endangered Species Act (CESA) when the Commission designated four bumble bee species as candidate species for consideration under CESA. In doing so, the Court found that these bees, which are terrestrial invertebrates, fall within the definition of a “fish” for purposes of CESA.
After receiving a petition from public interest groups to list the bees as endangered, along with a recommendation report supporting the listing from the California Department of Fish and Wildlife (Department), the Commission found there was enough information to declare the bees candidate species for listing under CESA. The Almond Alliance of California, along with other agricultural organizations (collectively, Petitioners), filed a petition for writ of mandate, arguing that the Commission’s listing of the bees as candidate species “violated the Commission’s legal duty, was a clear legal error, and was an abuse of discretion.” The trial court granted the writ petition, and the Commission, the...
