S. D. MIGRATORY BIRD ASS'N v. S. D. GAME, ETC.

No. 13413.

312 N.W.2d 374 (1981)

The SOUTH DAKOTA MIGRATORY BIRD ASSOCIATION, By and Through O.R. BRANCEL and Francis Downes, Members of the Board of Directors of Said Association and Gary Baumberger and William Zimmerman, Members of Said Association, Plaintiffs and Appellants, v. The SOUTH DAKOTA GAME, FISH AND PARKS COMMISSION, David Brost, Robert Reder, John Cimpl, Harvey Thayer, Walter Black, Robert Ingle, Owen Wipf, and Marvin Thielsen, Game, Fish and Parks Commissioners; the State Department of Game, Fish and Parks, its Director, Jack Merwin, and its Agents and Employees; Governor William J. Janklow; Attorney General Mark Meierhenry; and the State of South Dakota, Defendants and Appellees, and The South Dakota Wildlife Federation and the National Wildlife Federation, a non-profit corporation, Intervenors and Appellees.

Supreme Court of South Dakota.

Decided November 18, 1981.


Attorney(s) appearing for the Case

Brent Wilbur of May, Adam, Gerdes & Thompson, Pierre, for plaintiffs and appellants.

Mikal Hanson, Asst. Atty. Gen., Pierre, for defendants and appellees; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

James R. McCurdy, Vermillion, for intervenors and appellees.


PER CURIAM.

The South Dakota Game, Fish and Parks Commission (Commission) promulgated a "steel shot rule" (Administrative Rule 41:06:04:05(4)). This rule in effect bans the use of lead shotgun pellets in certain geographical areas where the Commission concluded lead pellets would present a health hazard to migratory waterfowl.

The circuit court issued a declaratory judgment determining that the "steel shot rule" was properly enacted by the Commission.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases