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Humane Society v. New Jersey State Fish & Game Council

362 A.2d 20, 70 N.J. 565 (1976)

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Humane Society v. New Jersey State Fish & Game Council

New Jersey Supreme Court
362 A.2d 20, 70 N.J. 565 (1976)

Facts

New Jersey law established certain fish and wildlife councils to create hunting and fishing regulations. Each council was composed of volunteers appointed by the governor. The Fish and Game Council (the game council) (defendant) consisted of sportsmen, farmers, and commercial fishermen, and it was granted limited regulatory powers to protect and preserve fish and game for recreational and commercial purposes. New or amended regulations were subject to public notice and comment, and all actions of the game council were subject to appropriate judicial review. A separate council existed within the Division of Parks, Forestry, and Recreation for recommending programs and policies related to the use of state parks, forests, and recreational areas. The Humane Society, Sierra Club, and two individuals (collectively, the environmentalists) (plaintiffs) challenged the game-council appointment standards, arguing that the three classes excluded environmentalists and violated the Equal Protection Clause of the Fourteenth Amendment. The trial court agreed and issued an injunction preventing the appointment process from proceeding. The game council appealed.

Rule of Law

Issue

Holding and Reasoning (Clifford, J.)

Dissent (Pashman, J.)

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Environmental Law

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