Western Burrowing Owl Receives Preliminary Legal Protection under the California Endangered Species Act

The California Fish and Game Commission (the “Commission”) determined at its October 9-10, 2024, meeting that the proposed listing of Western Burrowing Owl “may be warranted” under the California Endangered Species Act (“CESA”).

The Commission made this preliminary decision based upon the scientific information contained in a petition submitted by the Center for Biological Diversity and other advocates of listing.  The Commission’s decision kicks off a 12-month or longer period during which the California Department of Fish and Wildlife (“CDFW”) must conduct an unbiased and peer-reviewed study of the status of burrowing owls in California and make a recommendation to the Commission as to whether formal listing is in fact warranted.

Although the Commission’s decision was preliminary in nature and based on the arguably one-sided information provided by listing advocates, the Western burrowing owl will receive interim legal protection under CESA until a final listing decision is made.

The Commission’s decision on burrowing owls comes on the heels of other recent listing decisions that already have homebuilders, industrial developers, renewable energy companies, and agricultural and mining interests scrambling to adjust.  These other decisions established legal protections for Western Joshua tree, Tri-colored blackbird, Crotch’s bumble bee and other bee species, and the State’s population of mountain lions.

Cox Castle is one of the State’s leading law firms handling endangered species matters and has been representing multiple stakeholders in connection with the burrowing owl and other listing proceedings. 

If you or your company have development plans that may be affected by these listings, we can assist you in evaluating the implications for your property and developing a strategy to respond.  Given that the breeding season for burrowing owls is only a few months away, it is critical that affected landowners move quickly to protect their interests.