Buckley
Buckley v. City of Redding
Opinion
Lead Opinion
Hug, J.
In this ease, we must determine whether the Federal Aid in Sport Fish Restoration Act (“the Act”), 16 U.S.C. §§ 777 -777k, confers a right enforceable under 42 U.S.C. § 1983 to access certain waterways for specified recreational purposes. We hold that the Act does confer rights enforceable under section 1988 and, accordingly, reverse the district court’s decision to the contrary.
FACTS
The City of Redding, California, is located on the Sacramento River. In 1990, in response to a citizen petition, the City passed Ordinance No. 1944, prohibiting the operation of personal watercraft in the Sacramento River. See Redding Mun.Code § 10.26.040. The ordinance defines personal watercraft as:
Redding Mun.Code § 10.26.020(B).
In 1990, the State received funds under the Federal Aid in Sport Fish Restoration Act to help construct a boat launch facility on the river at South Bonnyview Road. To receive this funding, the state assented to the regulations and provisions of the Act. 50 C.F.R. § 80.3 . The Act imposes a number of requirements upon fund recipients to further the purposes of the Act. 50 C.F.R. § 80.24 states that at least ten percent of the funds allocated to a state under the Act…