McGeorge School of Law recently hosted a webinar exploring the federal–state framework for species protection under the Endangered Species Act, with a focused discussion on California’s AB 1319, featuring guest speaker Kim Delfino.
Kim is an environmental policy advocate, attorney, and president and founder of Earth Advocacy. Additionally, she is one of the amazing professors who teaches in the MSL and LLM online programs at McGeorge School of Law.
California’s Rich Biodiversity
California is one of the world’s only 36 global biodiversity hotspots thanks to its very diverse climates and habitats. The state’s biodiversity is protected by a number of state and federal laws, and some of the most notable are the state and federal Endangered Species Acts.
The two laws operate independently, but are also intertwined. Together, they serve as a safety net for 180 animals. From that list, 80 of the animal species and 65 of the plant species are only protected under the Federal Endangered Species Act; some of the species are various runs of steelhead salmon, California’s spotted owl, the Pacific Pocket Mouse, and the California gnat catcher.
Federal and State Endangered Species Lists
There are some key differences between the federal and state endangered species lists. Under the State Endangered Species Act, or CESA, the Fish and Game Commission is the entity that makes the final decision, with significant input by the Department of Fish and Wildlife. Under the Federal Endangered Species Act, the federal agencies make that final decision.
Another important distinction is that the Federal Endangered Species Act is more exhaustive in identifying and protecting habitat. Unfortunately, the current administration’s weakening of the Act’s standards means that a number of long-standing conservation plans might be destabilized.
Assembly Bill 1319
Assemblymember Nick Schultz from Los Angeles took the seat formerly held by Laura Friedman, who is now in Congress. He introduced Assembly Bill 1319 which 1. Strengthened laws around the illegal importation or export of fish and wildlife and 2. Outlined a cost-effective, science-based, provisional listing process to protect endangered and threatened species that were left unprotected by decreases in federal protections.
Normally, species listing goes through the Fish and Game Commission. AB 1319 establishes a temporary provisional process allowing the Department of Fish and Wildlife to review federal rule changes or actions by the federal administration or Congress. If those actions substantially decrease protections for a species, the department can provisionally list the species under the state’s endangered species protections, granting it full protections under the California Endangered Species Act.
A Focus on Threatened Species
The bill defines a “decrease in federal protection” through a two-step analysis. First, there must be a qualifying federal action: amendment or repeal of the Federal Endangered Species Act, amendment or repeal of federal regulations implementing the Act, an executive order decreasing endangered species protections, or convening the “God Squad” to allow an action that would cause extinction. Only these four actions trigger the provisional listing process.
Second, the Department must determine that the federal action reduces protections by delisting a species, downlisting it from endangered to threatened, changing the definition of harm (such as rules around killing a species), or reducing previously required mitigation. This is not a broad or automatic process; it requires a specific federal action and a specific impact on a species. The intent is to focus only on species whose continued existence is genuinely threatened due to federal action.
Critics and Concerns
Some critics argued that CDFW could abuse the process by provisionally listing a species that the federal government removed from the list because it had recovered. To address that concern, the bill clarifies that any party may petition the Commission to remove a species from the provisional list through the existing delisting process. If someone disagrees with the Department’s action, they can pursue delisting under the regular regulations.
Another concern involved federal Endangered Species Act take permits. Some stakeholders noted that if a species previously listed only at the federal level were provisionally listed by the state, they might need to obtain a new state permit. In response, the bill was amended to allow parties with pre-existing federal permits to rely on those permits in lieu of a state permit, provided the permit was issued before January 2024 and has not been modified since January 2025. This amendment was intended to reduce burdens on permit holders who had already complied with federal law and to ease administrative strain on the Department.
Next Steps for AB 1319
Governor Newsom signed AB 1319 into law in October, and it took effect on January 1 of this year. Anticipating potential federal actions that could weaken endangered species protections, the administration has proposed a budget change for the 2026–27 fiscal year to add five new staff positions. These staff would track federal developments and implement the provisional listing process in anticipation of possible federal rollbacks.
If approved by the Legislature in June, the Department could begin hiring staff on July 1, 2026, and continue into the next budget cycle. When legislation creates new agency responsibilities, it is important to support funding for the additional workload. Organizations plan to support the administration’s proposal to ensure the Department has adequate staffing.
Kim hopes AB 1319 never has to be used. If it is never invoked, that would mean the Federal Endangered Species Act’s protections remain intact. But if federal protections are weakened, California has positioned itself to step in and protect its declining biodiversity.
Interested in taking classes taught by professors like Kim Delfino? Apply or request information from McGeorge School of Law today!