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PEOPLE v. RINEHART

No. C074662.

230 Cal.App.4th 419 (2014)

178 Cal.Rptr.3d 550

THE PEOPLE, Plaintiff and Respondent, v. BRANDON LANCE RINEHART, Defendant and Appellant.

Court of Appeals of California, Third District.

September 23, 2014.

Attorney(s) appearing for the Case

Murphy & Buchal and James L. Buchal for Defendant and Appellant.

Pacific Legal Foundation, Damien M. Schiff and Jonathan Wood for Pacific Legal Foundation and The Western Mining Alliance as Amici Curiae on behalf of Defendant and Appellant.

Kamala D. Harris , Attorney General, Robert W. Byrne , Assistant Attorney General, Gavin G. McCabe , Michael M. Edson , Marc N. Melnick and J. Kyle Nast , Deputy Attorneys General, for Plaintiff and Respondent.

Center for Biological Diversity, Jonathan Evans ; Saxton & Associates and Lynne R. Saxton for Karuk Tribe, Center for Biological Diversity, Friends of the River, Klamath Riverkeeper, Pacific Coast Federation of Fishermen's Associations, Institute for Fisheries Resources, California Sportfishing Protection Alliance, Foothill Angler's Coalition, North Fork American River Alliance, Upper American River Foundation and Central Sierra Environmental Resource Center as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

HULL, Acting P. J. —

In this case, we are asked to consider whether provisions of Fish and Game Code sections 5653 and 5653.1 (unless otherwise stated, statutory references that follow are to the Fish and Game Code), as applied, are preempted by federal law because they "`stand[] as an obstacle to the accomplishment [and execution] of the full purposes and objectives of Congress.'" (California Coastal Comm'n v. Granite Rock...

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