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INITIATIVE AND REFERENDUM INSTITUTE v. WALKER

Nos. 02-4105, 02-4123.

450 F.3d 1082 (2006)

INITIATIVE AND REFERENDUM INSTITUTE; Humane Society of the United States; Fund for the Animals; David M. Jones, Utah State House Representative; Bart Grant; Lynette E. Brooks; Craig S. Axford; Connie Bullis; Dick Carter; Drew Chamberlain; Betty F. Christensen; High Uintas Preservation Council; Humane Society of Utah; Sean Kearney; Charles Christian Larsen; Nancy Ellen Whitehead Lord; Michael T. Ridgway; Utah Environmental Congress; Richard Vanwagenen; Richard Warnick; Stacy Williams, Plaintiffs—Appellants/Cross-Appellees, v. Olene S. WALKER, Lieutenant Governor of Utah; Mark Shurtleff, Attorney General of Utah, Defendants—Appellees/Cross-Appellants, and Utah Wildlife Federation; Utah Foundation for North American Wild Sheep; Sportsmen for Fish and Wildlife/Sportsmen for Habitat; Utah Farm Bureau Federation; Utah Bowman's Association; Representative Mike Styler; Professor Hal L. Black; Professor Terry Messmer; Ms. Cindy Labrum; Mr. Ken Jones; Mr. Karl Malone; Dr. Charles C. Edwards, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 17, 2006.

Attorney(s) appearing for the Case

Lisa Watts Baskin (Robert R. Wallace with her on the briefs), of Plant, Wallace, Christensen & Kanell, Salt Lake City, Utah, for Plaintiffs-Appellants/Cross-Appellees.

Thom D. Roberts, Assistant Attorney General (Mark L. Shurtleff, Attorney General, with him on the briefs), Salt Lake City, Utah, for Defendants-Appellees/Cross-Appellants.

Richard G. Wilkins, J. Reuben Clark Law School, Brigham Young University, Provo, Utah, John D. Ray, Jennifer E. Decker, and Matthew B. Hutchinson of Fabian & Clendenin, Salt Lake City, Utah, filed an amici curiae brief for the Utah Wildlife Federation, et al., in Support of Defendants-Appellees/Cross-Appellants.

Before TACHA, Chief Circuit Judge, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

McCONNELL, Circuit Judge.

The Utah Constitution allows voters to initiate legislation "to be submitted to the people for adoption upon a majority vote of those voting on the legislation." Utah Const. art. VI, § 1(2)(a)(i)(A). Initiatives related to wildlife management, however, are subject to a special standard: "legislation initiated to allow, limit, or prohibit the taking of wildlife or the season for or method of...

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