ASSN. OF PROF. SCIENTISTS v. FISH AND GAME

Nos. C023075, C023184.

94 Cal.Rptr.2d 535 (2000)

79 Cal.App.4th 935

CALIFORNIA ASSOCIATION OF PROFESSIONAL SCIENTISTS et al., Plaintiffs and Respondents, v. DEPARTMENT OF FISH AND GAME et al., Defendants and Respondents; Albert W. Mills et al., Interveners and Appellants. Albert W. Mills, Plaintiff and Appellant, v. Department of Fish and Game et al., Defendants and Appellants,

Court of Appeals of California, Third District.

Review Denied July 12, 2000.


Attorney(s) appearing for the Case

McNeill and Belton, Walter P. O'Neill, for Interveners and Appellants (C023075) and for Plaintiff and Appellant (C023184).

Robin L. Rivett, Sharon L. Browne, Sacramento, Anne M. Hawkins for Pacific Legal Foundation as Amicus Curiae on behalf of Plaintiff and Appellant (C023184).

Daniel E. Lungren and Bill Lockyer, Attorneys General of the State of California, Roderick E. Walston, Chief Assistant Attorney General, Charles W. Getz, IV and Marian E. Moe, Deputy Attorneys General for Defendants and Respondents (C023075) and for Defendants and Appellants (C023184).

Dennis F. Moss, for Plaintiffs and Respondents (C023075).


Certified for Partial Publication.*

RAYE, J.

In this appeal we consider whether the Legislature ran afoul of the super-majority requirement of Article XIII A of the California Constitution when it imposed a flat fee per environmental review by the Department of Fish and Game (Fish and Game). More precisely, we must determine whether the exactions imposed by section 711.4 of the Fish...

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