At its June 18, 2026 meeting, the California Fish and Game Commission (the Commission) voted to further postpone its consideration of whether the Center for Biological Diversity’s petition to list the western spadefoot toad (Spea hammondii) may be warranted under the California Endangered Species Act (CESA). The petition seeks to list the northern population as threatened and the southern population as endangered. A finding by the Commission that the Petition may be warranted would grant the western spadefoot “candidate” species status under CESA, providing full legal protections to the species until a final determination is reached on the petition. For more detail as to the implications of the western spadefoot’s candidate status on proposed projects, please see our previous legal alert here.

The Commission postponed the western spadefoot candidacy decision to give petitioner and the utility-scale solar industry (specifically, the Large-scale Solar Association (LSA)) additional time to collaborate on proposed exceptions to CESA protections that would be allowed under Fish and Game Code Section 2084. If ultimately adopted, the proposed Section 2084 approach could create a clearer pathway for solar-project proponents to address limited western spadefoot take during any candidacy period. The Commission’s second postponement is intended to allow for the Section 2084 process to continue before the Commission decides whether to designate the species as a candidate.

We now expect the Commission to decide whether to designate the western spadefoot as a CESA candidate at its August 12-13, 2026 meeting. If the Commission designates the species as a candidate, project proponents should evaluate whether planned activities may require take authorization.

Allen Matkins will continue to monitor developments and provide updates as the listing process progresses. Please reach out to the firm’s Natural Resources Team if you would like to learn more about how the Commission’s consideration of CESA candidacy for the western spadefoot may affect your project.