Center for Biological Diversity v. Dept. of Fish and Wildlife

The department and the developer appealed from a judgment granting a mandate petition. The litigation and appeal arise from the department's December 3, 2010: certification of the revised final environmental impact statement and impact report; approval of the Newhall Ranch Resource Management and Development Plan; the adoption of the Spineflower Conservation Plan and Master Streambed Alteration Agreement; and issuance of two incidental take permits. The court issued an opinion reversing the October 15, 2012 judgment, the Supreme Court granted review, and the case was remanded to the court. In the published portion of this opinion, the court discussed the developer's contention, concurred in by the department, that the court should supervise compliance with a writ of mandate. The court concluded that it does not have the authority to issue its own writ of mandate and then supervise compliance with its orders because the court is reviewing this case on direct appeal. Accordingly, the court reversed in part and affirmed in part.