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U.S. SPORTSMEN'S ALLIANCE v. NJDEP

860 A.2d 463 (2004)

372 N.J. Super. 598

U.S. SPORTSMEN'S ALLIANCE FOUNDATION; New Jersey State Federation of Sportsmen's Clubs; Gerald McCusker; Anthony Cali; and Edward O'Sullivan, Appellants, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; Bradley M. Campbell, in his capacity as NJDEP Commissioner; New Jersey Division of Fish & Wildlife; and Martin J. McHugh, in his capacity as Director of the Division, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 2004.

Attorney(s) appearing for the Case

William P. Horn (Birch, Horton, Bittner and Cherot), of the District of Columbia bar, admitted pro hac vice, argued the cause for appellants (McGimpsey & Cafferty, Somerset, and Mr. Horn, attorneys; Arlene M. Turinchak and Thomas J. Cafferty, Somerset, on the brief).

Barbara Conklin, Deputy Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Rachel Horowitz, Dean Jablonski and Ms. Conklin, Deputy Attorneys General, on the brief).

Before Judges SKILLMAN, PARRILLO and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether the Commissioner of Environmental Protection has statutory authority to direct employees of the Division of Fish and Wildlife not to issue permits for a hunt authorized by the Fish and Game Council. We conclude that the Commissioner lacks authority to subvert the Council's authorization of a hunt by such a directive.

In 2003, the Fish and Game...

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