Outfitter Properties, LLC v. Wildlife Conservation Board

The Wildlife Conservation Board (Board) paid $9.98 million from the Habitat Conservation Fund to the federal Bureau of Reclamation for the Battle Creek Salmon and Steelhead Restoration Project. Outfitter Properties, LLC, and Rocky Springs Ranch, LLC (collectively Outfitter), subsequently filed a petition for writ of mandate seeking to vacate the Board’s expenditure decision. The trial court denied the petition.

Outfitter contends on appeal that (1) Fish and Game Code section 2791, subdivision (d) (section 2791(d)) 1 limits expenditures from the Habitat Conservation Fund to no more than $6 million over any 24-month period; (2) the Board expenditure violated the $2 million annual limit on allocations to state agencies set forth in section 2791, subdivision (f) (section 2791(f)); (3) the Legislature cannot amend the $6 million and $2 million limits without the approval of four-fifths of the members of both houses of the Legislature; and (4) the trial court erred in considering documents that were not considered by the Board in making its expenditure decision.

We conclude (1) section 2791(d) does not establish a $6 million expenditure limit but instead gives the Board…