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U.S. SPORTSMEN'S ALLIANCE v. NJ DEP.

867 A.2d 1147 (2005)

182 N.J. 461

U.S. SPORTSMEN'S ALLIANCE FOUNDATION; New Jersey State Federation of Sportsmen's Clubs; Gerald McCusker; Anthony Cali; and Edward O'Sullivan, Appellants-Respondents, 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-Appellants.

Supreme Court of New Jersey.

Decided February 28, 2005.

Attorney(s) appearing for the Case

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

Thomas J. Cafferty, Somerset, argued the cause for respondents (McGimpsey & Cafferty, attorneys; Arlene M. Turinchak, on the brief).

Justice LONG delivered the opinion of the Court.

On December 2, 2004, by order, we enjoined the bear hunt that the Fish and Game Council had scheduled to take place during the week of December 6, 2004. The case came to us as a result of a dispute between the Fish and Game Council and the Commissioner of the Department of Environmental Protection (DEP) regarding the propriety of the hunt. Our order provided, among other things...

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