Obtaining Happiness by Viewing Predators
From Nevada Wildlife Alliance v. Nevada Dep’t of Wildlife, decided Oct. 22, 2021 by the Nevada Supreme Court but just posted on Westlaw:
NRS 502.253(4)(b) provides that the Department of Wildlife “[s]hall not adopt any program for the management and control of predatory wildlife developed pursuant to this section that provides for the expenditure of less than 80 percent of the amount of money collected pursuant to subsection 1 … for the purposes of lethal management and control of predatory wildlife.
NRS 502.253(4)(b) … obligates the Department of Wildlife to dedicate a minimum percentage [80%] of funds collected to the lethal management and control of predatory wildlife, violates Nevada’s equal protection and due process clauses….
At the outset, we assume, without deciding, that the statute implicates equal protection analysis because it has a disparate impact on “similarly situated” people—specifically those like appellants, who enjoy viewing predatory wildlife, and big-game hunters…. Applying equal protection analysis, the next questio
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