(Supreme Court of California) - In a petition asking the Fish and Game Commission to redefine the southern boundary of its coho salmon listing to exclude coastal streams south of San Francisco,effectively delisting coho salmon south of San Francisco from the register of endangered species under the California Endangered Species Act (CESA), Fish & G. Code, or section 2050 et seq.,the Court of Appeals' denial of the petition -- on grounds that the petition attacked the Commission's final listing decisions as having no basis, and a petition to delist a species may not be employed to challenge a final determination of the Commission -- is reversed and remanded where, or consistent with the Commission's concession,the Court of Appeal erred in its determination.
Source: findlaw.com