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Outfitter Properties, LLC v. Wildlife Conservation Board

ELR Citation: 42 ELR 20137
Nos. C06100,, (Cal. App. 3d Dist., 06/26/2012)

A California appellate court affirmed a lower court decision denying a petition to vacate the state wildlife board's decision to pay $9.98 million from the California Habitat Conservation Fund to the U.S. Bureau of Reclamation for the Battle Creek Salmon and Steelhead Restoration Project. The petitioners argued that §2791 of the California Fish & Game Code limits expenditures from the fund to no more than $6 million over any 24-month period for projects relating to the acquisition, restoration, or enhancement of riparian habitat and aquatic habitat for the spawning and rearing of anadromous salmonids and trout. But the provision does not impose a strict $6 million expenditure limit. Rather, it grants the board limited discretion to make such expenditures. In addition, the board's expenditure did not violate the $2 million limit on allocations to state agencies because it was paid to the Bureau of Reclamation, a federal agency.