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Legal Alert

Commission Grants Six-Month Extension for CDFW’s Burrowing Owl Status Review

Environmental & Natural Resources

10.08.25

At its October 8, 2025, meeting, the California Fish and Game Commission (Commission) granted the California Department of Fish and Wildlife (CDFW) a six-month extension to complete its status review of the March 5, 2024, petition to list the western burrowing owl (BUOW) under the California Endangered Species Act (CESA). The image below details the new BUOW listing timeline.

Notably, the extension means public comments and written scientific data may now be submitted to CDFW through April 25, 2026, for consideration and inclusion in its status review report. The earliest the Commission’s decision on listing could occur would be at its August 12-13, 2026, meeting. Until then, the BUOW will continue to receive full CESA candidate species protections, including the prohibition on “take” without express permit authorization. For more detail as to the implications of the BUOW’s candidate status on proposed projects, please see our previous legal alert here.

We will continue to monitor CDFW’s status review process and provide subsequent legal updates as additional information becomes available. If you would like to learn more about the listing process or how the BUOW’s CESA status may affect your project, please contact the Allen Matkins land use and natural resources team.

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Jennifer Jeffers

Partner

San FranciscoT(415) 273-8417jjeffers@allenmatkins.com
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Ryan Chen

Associate

Los AngelesT(213) 955-5624rchen@allenmatkins.com
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