California Acts on Western Joshua Tree Conservation Plan and Quino Checkerspot Butterfly Listing
By James I. Anderson, Esq.
At its August 13–14, 2025 meeting, the California Fish and Game Commission (FGC) took key actions affecting land use and development in sensitive species habitats across California. Specifically, the Commission:
Approved the Western Joshua Tree Conservation Plan (WJTCP), as required under the 2023 Western Joshua Tree Conservation Act (WJTCA); and
Designated the Quino Checkerspot Butterfly as a candidate species under the California Endangered Species Act (CESA).
Both decisions carry immediate and long-term regulatory implications for Everview clients, particularly those involved in real estate, infrastructure, and energy development.
Western Joshua Tree Conservation Plan Approved
The Western Joshua Tree Conservation Act, signed into law in July 2023, established a comprehensive permitting regime for activities impacting the Western Joshua Tree (Yucca brevifolia), a species previously under consideration for listing under CESA.
One of the Act’s core mandates was the development of a Western Joshua Tree Conservation Plan (WJTCP) by the California Department of Fish and Wildlife (CDFW), to be adopted by the FGC. On August 14, 2025, the Commission officially approved the final WJTCP.
Key Components of the WJTCP:
Statewide Mitigation Standards: Clear, tiered mitigation requirements for tree removals or disturbances based on tree density and site-specific impacts.
Local Permitting Frameworks: Pathways for local governments to become permitting authorities under delegation agreements with CDFW.
Habitat Conservation Strategy: Identification of priority conservation areas for long-term protection and land acquisition.
Adaptive Management Protocols: Monitoring and data-driven updates to the Plan based on new ecological information.
What This Means for Projects
While the Act had already established interim permitting procedures, the adoption of the WJTCP formalizes and standardizes mitigation and permitting going forward.
Projects in areas containing Western Joshua Tree habitat must:
Secure state or local permits prior to any removal or disturbance
Implement project-specific mitigation consistent with WJTCP standards
Remain aware that local jurisdictions may now opt into the permitting process, creating potential jurisdictional variation
Everview’s team can assist with determining jurisdiction, preparing permit applications, and developing mitigation strategies that satisfy both the Act and CEQA obligations.
Quino Checkerspot Butterfly Designated as Candidate Species under CESA
Also at its August meeting, the FGC voted to accept the petition to list the Quino Checkerspot Butterfly (Euphydryas editha quino) as a threatened or endangered species under CESA. This designation formally makes the species a “candidate” for listing.
What Does Candidate Status Mean?
Under CESA, candidate species receive full legal protections equivalent to listed species during the review process. This includes:
Prohibition on take without an Incidental Take Permit (ITP)
Requirement for consultation with CDFW during CEQA review
Increased scrutiny of impacts on known or likely habitat
CDFW will now prepare a peer-reviewed status review report, which the Commission will consider in a future hearing before making a final listing determination.
Geographic Relevance
The Quino Checkerspot Butterfly’s range is largely limited to southern Riverside, San Diego, and portions of Imperial counties, primarily in coastal sage scrub and open chaparral habitats. While the species is already federally listed as endangered under the U.S. Endangered Species Act (ESA), its protection under CESA expands the scope of regulation to include:
State-level permitting requirements;
Stricter enforcement under CEQA, especially for projects not previously subject to federal consultation;
Coordination with both state and federal wildlife agencies.
What This Means for Projects
Projects in the butterfly’s range may now trigger new permitting requirements or require updated environmental documentation, even if the species was previously accounted for under the federal ESA. Clients should:
Conduct habitat assessments early to determine presence or proximity
Engage with CDFW regarding the need for ITPs or alternative mitigation strategies
Prepare for potential changes following the final listing decision in 2026
What’s Next?
Both developments reflect California’s proactive stance on species and habitat conservation — particularly for species impacted by climate change, development pressure, and habitat fragmentation.
Everview is monitoring implementation of the WJTCP and the status review process for the Quino Checkerspot Butterfly. These regulatory changes will likely shape CEQA reviews, permit strategies, and mitigation obligations for years to come.
Need Guidance?
For support navigating the Western Joshua Tree permitting framework or the evolving regulatory status of the Quino Checkerspot Butterfly, contact James Anderson at Everview Law.
This post is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your project or jurisdiction, please consult Everview attorneys directly.
