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4 October 2026

California Governor Signs Into Law Bill To Expand Species Take Authorizations For Renewable Energy Projects

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Allen Matkins Leck Gamble Mallory & Natsis

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Allen Matkins, founded in 1977, is a California-based law firm with more than 200 attorneys in four major metropolitan areas of California: Los Angeles, Orange County, San Diego, and San Francisco. The firm's areas of focus include real estate, construction, land use, environmental and natural resources, corporate and securities, real estate and commercial finance, bankruptcy, restructurings and creditors' rights, joint ventures, and tax; labor and employment, and trials, litigation, risk management, and alternative dispute resolution in all of these areas. For more information about Allen Matkins please visit www.allenmatkins.com.
California Governor Newsom has signed Assembly Bill 550, fundamentally changing how renewable energy developers can obtain incidental take permits under the California Endangered Species Act. The new law allows permits to be issued for species merely proposed for listing, creating a critical window of regulatory certainty before the Fish and Game Commission makes final listing determinations.
United States California Environment

On September 20, 2026, Governor Newsom announced the signing of a tranche of bills, including Assembly Bill 550. As previously reported, AB 550 amends the California Endangered Species Act and empowers the California Department of Fish and Wildlife to issue incidental take permits for “species proposed for listing.” This change in law expands potential take permit coverage to "species recommended by the department or petitioned by an interested party for listing as an endangered or threatened species" during the period before the Fish and Game Commission "determines if the species will be designated as a candidate species." 

Effective January 1, 2027, solar and other renewable energy generation project developers that secure take authorization under this new provision will be allowed to rely on the terms of their issued permits, regardless of the outcome of the Commission's decision on a pending petition to list a new species. 

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