California Endangered Species Act: How Birds & Bees Halt Housing

California Building Industry Association’s (CBIA) 62nd Select Conference on Industry Litigation (SCIL)

On November 15, 2025, Mary Lynn Coffee delivered an in-depth presentation on the California Endangered Species Act (CESA) and its growing impact on housing and development projects. The session explored:

• The CESA Listing Process: How species become candidates for protection and the legal standards applied by the California Fish and Game Commission;
• Take Prohibitions: Key regulatory provisions affecting candidate species and implications for project planning;
• Recent Listings: Updates on species such as the Burrowing Owl and Crotch’s Bumble Bee, including new guidance and mitigation measures;
• Legislative Changes: An analysis of AB 1319 and its creation of “provisional candidate species,” significantly expanding protections and compliance requirements; and
• Practical Considerations: Strategies for navigating permitting, mitigation and survey obligations under evolving state and federal frameworks.

Mary Lynn provided actionable insights for developers, agencies and stakeholders on managing risk and ensuring compliance in light of these developments.

The California Building Industry Association (CBIA) is a statewide trade organization located in Sacramento. It represents thousands of member companies, including homebuilders, trade contractors, architects, engineers, designers, suppliers and other professionals involved in homebuilding, multi-family and mixed-use development.