Wildlife advocate wins petition in court
The California tiger salamander, a federally endangered species,
has an ally in a Sacramento Superior Court judge. A recent ruling
by Judge Lloyd G. Connelly overturned the California Fish and Game
Commission rejection of a petition to list the salamander under the
California Endangered Species Act, though the species still has
another obstacle to clear before it can be listed.
Wildlife advocate wins petition in court
The California tiger salamander, a federally endangered species, has an ally in a Sacramento Superior Court judge. A recent ruling by Judge Lloyd G. Connelly overturned the California Fish and Game Commission rejection of a petition to list the salamander under the California Endangered Species Act, though the species still has another obstacle to clear before it can be listed.
The Center for Biological Diversity filed the petition after the Commission voted 3-2 to reject listing the salamander as an endangered species in the state.
“The thorough and well-reasoned opinion overturned the Commission’s decision because the Commission ignored or misrepresented the overwhelming scientific evidence showing that the salamander is highly imperiled,” said Kathy Trisolini of Chatten-Brown and Carstens in a press release. She represented the Center pro-bono in the lawsuit. “The decision soundly enforces the requirement that the Commission make listing decisions under the California Endangered Species Act based on the best available science.”
Listing a species is a two-part process. During the first part of the process, the Department of Fish and Game issues a report evaluating a petition and makes a recommendation of further study to the Commission if necessary. If the department’s report indicates listing may be warranted, the Commission must accept the petition. In the case of the California tiger salamander, the Commission rejected the petition halting the process. Through Connelly’s ruling, the species will now be listed as a candidate and the department will conduct a 12-month review.
“There is no need or place for the Commission’s reconsideration of the petition,” wrote Connelly, “because no competent scientific evidence, let alone substantial evidence, in the administrative record supports a rejection of the petition.”
The California tiger salamander has been listed as threatened in Central California since 2004. It was also listed as endangered on an emergency basis in Sonoma in 2002 and Santa Barbara in 2000.
“The three Commissioners who voted to reject the petition ignored the science, and instead cast their votes based on political expediency,” said Kassie Siegel, a staff attorney for the Center for Biological Diversity and author of the 2004 petition. “This decision sets an important precedent that these political appointees will be held accountable for following the law and providing California’s imperiled wildlife with the important protections it needs and deserves.”
The amphibious animal is found only in California. Historically, the salamander roamed from Santa Rosa to Santa Barbara, in the Central Valley, Costal Range and adjacent foothills. To survive, tiger salamanders need a habitat with seasonal ponds or vernal pools. They breed in winter. The rest of the year, they spend mostly underground in mammal burrows in grasslands or oak woodland regions.
Studies show that the species can roam up to two miles from breeding ponds, and each pond needs to be surrounded by 1,000 acres of habitat for the species to thrive.
Much of the salamander’s historical range has been taken over by urban and agriculture use. As much as 95 percent of California’s vernal pool landscape has been lost, according to the Center.
The species is also threatened by interbreeding with non-native species, predation and other threats.
The Center petitioned along with the Environmental Defense Center, Defenders of Wildlife, Sierra Club Sonoma Group, the Ohlone Audobon Society and advocates for the species to be listed under the California Endangered Species Act.
More than two dozen scientists who study the species supported the petition.
Melissa Flores can be reached at [email protected].
