NJ ANIMAL RIGHTS ALLIANCE v. NJ DEPARTMENT OF ENVIRONMENTAL PROTECTION


934 A.2d 52 (2007)

396 N.J. Super. 358

NEW JERSEY ANIMAL RIGHTS ALLIANCE and the Bear Education and Resource Group, Appellants v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION ("NJDEP"), Bradley M. Campbell, in his capacity as Commissioner of NJDEP; NJDEP, Division of Fish & Wildlife; Martin J. McHugh, in his capacity as Director of the Division; NJDEP, Division of Fish & Wildlife, Fish & Game Council; and Ernest P. Hahn, in his capacity as Chair of the Council, Respondents, and Safari Club International, Safari Club International Foundation, Respondents-Intervenors, and U.S. Sportsmen's Foundation, John Regalo, and Anthony Cali, Respondents-Intervenors. New Jersey State Federation of Sportsmen's Clubs, Inc.; U.S. Sportsmen's Alliance Foundation; Safari Club International; Safari Club International Foundation, Appellants v. New Jersey Department of Environmental Protection; Lisa Jackson, in her capacity as Commissioner of the NJDEP, New Jersey Division of Fish & Wildlife; David Chanda, in his capacity as Director of the Division, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 27, 2007.


Attorney(s) appearing for the Case

Doris Lin, argued the cause for appellants (A-1463-05T3) and as amicus curiae (A-1382-06T3) Jersey Animal Rights Alliance and the Bear Education and Resource Group.

Anna M. Seidman of the Washington D.C. bar, admitted pro hac vice, argued the cause for respondents-intervenors (A-1463-05T3) Safari Club International and Safari Club International Foundation (Law Offices of John C. Lane, attorneys; Peter C. Bobchin, of counsel, Wyckoff; Ms. Seidman, on the brief).

Anna M. Seidman of the Washington D.C. bar, admitted pro hac vice, and James H. Lister (Birch, Horton, Bittner and Cherot) of the Washington D.C. bar, admitted pro hac vice, jointly argued the cause for appellants (A-1382-06T3) New Jersey State Federation of Sportsmen's Clubs, Inc., U.S. Sportsmen's Alliance Foundation, Safari Club International, and Safari Club International Foundation (Scarinci & Hollenbeck, attorneys, Lyndhurst; Ms. Seidman, Mr. Lister, and Douglas S. Burdin of the Washington D.C. bar, admitted pro hac vice, of counsel; Thomas J. Cafferty, on the brief, Lyndhurst).

Dean Jablonski, Deputy Attorney General, argued the cause for respondents (A-1463-05T3 and A-1382-06T3) New Jersey Department of Environmental Protection, Bradley M. Campbell, Martin J. McHugh, Ernest P. Hahn, Lisa Jackson and David Chanda (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Jablonski, on the brief).

Before Judges STERN, COLLESTER and SABATINO.


The opinion of the court was delivered by

STERN, P.J.A.D.

The New Jersey Animal Rights Alliance and the Black Bear Education and Resource Group ("NJARA") appeal from the approval of the 2005 Comprehensive Black Bear Management Policy ("CBBMP") on November 14, 2005 by the then-Commissioner of the Department of Environmental Protection ("DEP"). The CBBMP was adopted in response to the Supreme Court's opinion in U.S. Sportsmen's Alliance Found. v. N.J.D.E...

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