◼ link - Pacific Legal Foundation
(February 10), the California Court of Appeal issued its long-awaited decision in California Association for Recreational Fishing v. Department of Fish & Wildlife. PLF represented California’s recreational fishing interests in a challenge to regulations adopted by the Department in an Environmental Impact Report it certified in 2010. The issue is that the Department is not permitted to adopt regulations through an Environmental Impact Report. Regulations must be passed pursuant to the California Administrative Procedure Act (APA).
...This was a very important decision for all Californians. Of course, the recreational fishing industry is very pleased with the outcome. They no longer have to suffer under regulations that were imposed upon them without any input. Any future regulations affecting the Fishing in the City Program or private fish stocking permits will have to go through the APA to carry the force of law. But the decision is also important for ensuring that California agencies must follow the rule of law. This decision ensures that if agencies try to covertly adopt regulations without seeking input from the regulated public and following the requirements of the APA, their actions will be declared illegal.
