CONSERVATION FORCE, INC. v. MANNING

Nos. 00-17082, 00-17394.

301 F.3d 985 (2002)

CONSERVATION FORCE, INC., Plaintiff, and Lawrence Montoya; Filberto Valerio; Carole Jean Taulman, Plaintiffs-Appellants, v. Dennis MANNING, in his official capacity; Michael Golightly, in official capacity; Herb Guenther, in official capacity; William Berlat, in official capacity; M. Jean Hassell, in official capacity; Linda Melker, Defendants-Appellees. Lawrence Montoya; Filberto Valerio; Carole Jean Taulman, Plaintiffs-Appellants, v. Dennis Manning, in his official capacity; Michael Golightly, in official capacity; Herb Guenther, in official capacity; William Berlat, in official capacity; M. Jean Hassell, in official capacity; Linda Melker; Duane R. Shroufe, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2002.


Attorney(s) appearing for the Case

James R. Scrantino, Albuquerque, NM, and Sherman Fogel, Fogel and Lamber, Phoenix, AZ, for the plaintiffs-appellants.

Jay R. Adkins, Assistant Attorney General, Phoenix, AZ, for the defendants-appellees.

Before: B. FLETCHER, BOOCHEVER and FISHER, Circuit Judges.


FISHER, Circuit Judge.

This case requires us to determine whether Arizona's 10% cap on nonresident hunting of bull elk throughout the state and of antlered deer north of the Colorado River substantially affects commerce such that the dormant Commerce Clause applies to the regulation. We hold that it does. We further hold that the regulation discriminates against interstate commerce, but that Arizona has legitimate interests in conserving its population of game and...

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