LAWSUIT FILED TO OVERTURN STATE JOSHUA TREE PROTECTION

Several California trade groups, and one high desert city, have filed a lawsuit against the California Fish and Game Commission over their decision to allow candidacy to the Western Joshua Tree as a threatened species. On September 22, the Commission voted 4-0 to approve a 1-year study to determine if the Western Joshua Tree qualified for protection status through the California Endangered Species Act. In the meantime, the iconic hi-desert plant has been granted temporary legal protections. On October 21, a coalition comprised of several trade groups, including the California Construction and Industrial Materials Association (CalCIMA) and the City of Hesperia, filed a lawsuit at the Fresno County state court. The lawsuit does not argue whether the Western Joshua Tree should or should not receive protected status, but argues that the original petition seeking protection status “ignored fundamental scientific data requirements” set forth by the California Endangered Species Act and the Commission’s own regulations, and requests the Commission to “vacate its acceptance of the current Listing Petition.” The Commission has issued no statements regarding the lawsuit at this time. The approval of Western Joshua Trees as a threatened species would make it more difficult to permit projects that would require removal of the plant to clear land.