7. Department of Fish and Game

The Department of Fish and Game deferred to CSD for the prosecution of this case before the Commission. The department alleges that PFL violated at least two sections of the Fish and Game Code, but it correctly notes that the Commission lacks jurisdiction to pursue those allegations. The department reserves its right to proceed independently in enforcement of those provisions.

As relevant to this proceeding, the department alleges that betonite spills by PFL went uncorrected. The evidence presented, however, was contradicted by the testimony of PFL's environmental consultants and the Commission's environmental witness. We conclude that the weight of the evidence is insufficient to find that there was uncorrected environmental damage caused by PFL's decision to proceed with construction without formal CEQA approval.