Hayden v. California Fish and Game Commission (Chinook Take Suit)
This suit challenged the order issued by the California Fish and Game Commission to allow take of Chinook, despite the listing. We challenged the failure of the agency to meet the time and notice requirements of placing such an order. As ordered by the Court, the Commission rescinded the special order, but then adopted an emergency take permit with the same language that met procedural requirements.
Procedure: Petition for Writ of Mandate filed 7/11/97 (San Francisco Superior Court # 988075). Hearing 8/8/97. Peremptory Writ of Mandate received 8/12/97 ordering the Commission to “vacate and set aside the Special Order Relating to Incidental Take of Sacramento River Spring-Run Chinook Salmon During Candidacy Period…”
Attorneys: Roger Beers, Joel Reynolds (NRDC), Cynthia Koehler (Natural Heritage Institute).
EPIC Contact: Paul Mason.