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Legal Alert
The California Fish and Game Commission (Commission) accepted public comment on the draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) at its February 12, 2025 meeting, but no formal action was taken.
As detailed in our previous alert, the California Department of Fish and Wildlife (CDFW) released the Draft Conservation Plan to the Commission on December 12, 2024, as required by the Western Joshua Tree Conservation Act (Act). The Draft Conservation Plan sets forth management practices and guidelines for the avoidance and minimization of impacts to western Joshua trees.
The Commission’s February 12 meeting featured a presentation by CDFW, substantive discussion by the Commissioners, and robust public comment. Many commenters expressed concern about the cost and ultimate feasibility of the Draft Conservation Plan’s requirements. In particular, the Large Scale Solar Association voiced concerns regarding the Draft Conservation Plan’s potential to interfere with the siting and development of solar energy projects, indicating that additional costs generated by required mitigation measures would be passed on to ratepayers. Residents and politicians from desert communities — where Joshua trees are most abundant — focused on the Draft Conservation Plan’s costs and obligations as potential hindrances to affordable housing and local job opportunities. Commenters emphasized that collaboration with CDFW is essential in developing a workable and sustainable conservation effort.
The Commission acknowledged the public comments and ultimately declined to take any formal action at the meeting. Written comments are still being accepted on a rolling basis, though any substantive changes to the Draft Conservation Plan should be submitted by the beginning of March to be considered. The Act mandates that the Commission must take action to adopt the Conservation Plan by June 30, 2025.
The Commission will review the Draft Conservation Plan again at its April 16-17, 2025, meeting. In advance of that meeting, CDFW confirmed it will publish a revised set of Joshua tree relocation guidelines and a list of proposed changes to the Draft Conservation Plan. CDFW Director Bonham also suggested that, in the interim, CDFW may host workshops and/or other community outreach events to solicit further public feedback, though no further details have been provided.
Allen Matkins will continue to provide legal updates as developments occur. Please reach out to the firm’s Natural Resources Team if you would like to learn more about the Act or the Draft Conservation Plan.
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