What matters to me today is CEQA and the bee.
An alarming number of clients raise concerns about the California Department of Fish and Wildlife (“Department”) now requesting “supplemental CEQA review” for permits under negotiation for months. While not a new issue, the coincidental timing and Department verbiage signal a concerning trend.
“The bee” refers to crotch’s bumble bee – one of numerous “candidate” species under the California Endangered Species Act (CESA) entitled to full legal protection pending listing, or not. “CEQA,” of course, refers to the California Environmental Quality Act.
The issuance of a CESA “take” permit is a discretionary action requiring CEQA review – nothing new. Piggybacking on the earlier project-wide CEQA document works. What is new is that no one saw protection of the bee coming. So, until recently, CEQA documents ignored the bee. This “gap” leaves the project proponent, the existing local government CEQA “lead agency,” and the Department in a bind.
CEQA documents cast a broad net as to biological resources. If there is any chance of a “special status” species being implicated, it is addressed. But as previously reported, California didn’t extend legal protections to insects . . . then. But this is now.
What is not a new requirement apparently has new attention in Sacramento. There are multiple strategies to solve this quandary including, but probably least desired by all involved, the Department taking point on supplemental analysis. But every situation is unique and requires a tailored strategy. Let’s discuss.
That’s what matters to me today in 250 words or less. What matters to you? I’d really like to know.