California Amends Fully Protected Species Statutes: Streamlining Or More Red Tape?

On July 10, 2023, Governor Newsom signed Senate Bill 147 (SB147) into law, amending California's "fully protected species" statutes. These laws were enacted in 1970 and currently protect 37 species native to California, ranging from the North Pacific right whale (Eubalaena japonica) to the salt marsh harvest mouse (Reithrodontomys raviventris). The amendments enacted by the legislature and signed into law by the Governor create a temporary, 10-year permitting regime that allows proponents of a limited, defined set of projects to pursue authorization from the California Department of Fish and Wildlife (CDFW) to proceed even where they could take (that is, harm) one or more fully protected species. That said, the law creates a novel and seemingly onerous permitting standard. For this reason, it remains to be seen whether this legislative reform effort that was initially billed as permit streamlining will live up to that moniker or become another obstacle to the projects