California Court of Appeal

In a petition for writ of mandate seeking to vacate the decision to pay $9.98 million from the Habitat Conservation Fund to the federal Bureau of Reclamation for the Battle Creek Salmon and Steelhead Restoration Project, the trial court's denial of petition is affirmed where: 1) Fish and Game Code section 2791(d) does not establish a $6 million expenditure limit but instead gives the Board limited discretion to make expenditures; 2) the Board expenditure did not violate the $2 million limit on allocations to state agencies because the expenditure was paid to the federal Bureau of Reclamation; 3) the 2005 Budget Act did not amend section 2791(d) or section 2791(f); and 4) the extra-record evidence was admissible to assist the trial court in deciding Outfitter's challenge to the expenditure.

Appellate Information

• Decided 06/26/2012
• Published 06/26/2012

Judges

• MAURO

Court

• California Court of Appeal

Counsel