Wyoming Coalition v. Game & Fish Com'n

The issue in this case focuses upon the constitutionality of the delegation of rulemaking authority to the Wyoming Game and Fish Commission pursuant to WYO. STAT. § 23-1-302 (Supp. 1992). The debate is over the question of sufficient constraint of the delegated authority by identifiable standards. The Wyoming Game and Fish Commission (Commission) adopted rules and regulations reducing the September bull elk hunting season in Teton County for the hunting season of 1992. Upon judicial review, the district court of the Ninth Judicial District in and for Teton County upheld the Commission's regulations. We agree with the district court that the policy statement articulated in WYO. STAT. § 23-1-103 (1991) is an adequate identifiable legislative standard to justify the regulations adopted relating to the hunting season. The Mountain States Legal Foundation (Foundation), having sought permission to participate in this case as amicus curiae, endeavored to present new issues in its brief, and we disregard and strike the portion of the brief of the Foundation directed to that end. The decision of the district court of the Ninth Judicial District is affirmed. The Wyoming Coalition and the other parties appearing as appellants, hereinafter Coalition, articulate the issues in the Brief of Appellants as follows: