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Environmental Law
Preemption
Trapping and Poisoning of Wildlife

Mary Mendibourne, John Estil, John Pinchess, Hugh Richard Hay v. John McCamman, Director of the California Department of Fish and Game; Mike Chrisman, Director of the California Resources Agency; and Does 1 through 20, inclusive

Published: Jun. 1, 2013 | Result Date: Apr. 9, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 46349 Summary Judgment –  Defense

Court

Lassen Superior


Attorneys

Plaintiff

John L. Staley


Defendant

Jeffrey P. Reusch
(Office of the Attorney General)


Facts

California voters passed Proposition 4 in 1998, which banned the use of cruel traps and poisons to kill wildlife.

Contentions

PLAINTIFF'S CONTENTIONS:
A group of ranchers filed suit against California Department of Fish and Game, challenging the Proposition, alleging it conflicted with the authority of the federal agency Wildlife Services, a sect of the U.S. Department of Agriculture.

DEFENDANT'S CONTENTIONS:
The Humane Society of the United States, as intervenor, filed a motion for summary judgment, contending Wildlife Services' official policy called for compliance with all state and local laws, including devices used to capture and kill wildlife.

Result

The Court granted the Motion for Summary Judgment filed by intervenor-defendant The Humane Society of the United States, and stated that final judgment was entered in favor of defendants.

Other Information

FILING DATE: Jan. 28, 2008.


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