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COASTSIDE FISHING CLUB v. CAL. RESOURCES AGENCY

No. A116026.

71 Cal.Rptr.3d 87 (2008)

158 Cal.App.4th 1183

COASTSIDE FISHING CLUB et al., Plaintiffs and Appellants, v. CALIFORNIA RESOURCES AGENCY et al., Defendants and Respondents.

Court of Appeal of California, First District, Division Two.

January 14, 2008.

Attorney(s) appearing for the Case

Morgan Lewis & Bockius LLP, Thomas M. Peterson, Benjamin P. Smith, San Francisco, Snyder, Miller & Orton LLP, James L. Miller, San Francisco, Jennifer L. Shoda, for Plaintiffs and Appellants.

Edmund G. Brown Jr., Attorney General, Mary E. Hackenbracht, Sr. Asst. A.G., John Davidson, Supervising Deputy A.G., William Jenkins, Deputy Attorney General, for Respondents California Resources Agency arid Department of Fish and Game.

Kenyon Yeates LLP, Charity Kenyon, Sacramento, for Respondent Resources Legacy Fund Foundation.

KLINE, P.J.

The trial court interpreted a statute as conferring authority on an executive branch agency to enter a contract to obtain private funds to defray the costs of implementing a statutory scheme for which the Legislature failed to provide adequate public funds. This appeal challenges that interpretation of the statute primarily on the ground that it is inconsistent with the rule against delegation of

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