California Land Use & Development Law Report: California Department of Fish and Wildlife’s EIR for Fish-Stocking and Hatchery Program Upheld

The California Land Use & Development Law Report
Legal Commentary on Planning and Development

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California Department of Fish and Wildlife’s EIR for Fish-Stocking and Hatchery Program Upheld

A court of appeal has held that the first-ever environmental impact report for the state’s fish hatchery and stocking programs complies with CEQA, but also found that three of the EIR’s mitigation measures constituted “underground regulations” in violation of the Administrative Procedure Act. Center for Biological Diversity v. California Department of Fish and Wildlife, Third Appellate District Case No. C072486.

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