Schutz v. Thorne, 03-8051.
| Decision Date | 11 July 2005 |
| Docket Number | No. 03-8051.,03-8051. |
| Citation | 415 F.3d 1128 |
| Parties | Donald J. SCHUTZ, Plaintiff-Appellant, v. Tom THORNE, Wyoming Game & Fish Director, in his official capacity; State of Wyoming; J. Michael Powers, Wyoming Game & Fish Commissioner, for District # 1, in his official capacity; Linda Fleming, Wyoming Game & Fish Commissioner, for District # 2, in her official capacity; Doyle Dorner, Wyoming Game & Fish commissioner, for District # 3, in his official capacity as commission vice president; Jerry Sanders, Wyoming Game & Fish Commissioner, for District # 4, in his official capacity; Gary Lundvall, Wyoming Game & Fish Commissioner, for District # 5, in his official capacity as commission president; Kerry Powers, Wyoming Game & Fish Commissioner, for District # 6, in his official capacity; M. Hale Kreycik, Wyoming Game & Fish Commissioner, for District # 7, in his official capacity, Defendants-Appellees. U.S. Outfitters, Inc., Jean Taulman, Lawrence Montoya, Filiberto Valerio, International Association of Fish and Wildlife Agencies, Amici Curiae. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Donald J. Schutz, Saint Petersburg, FL, for Plaintiff-Appellant.
Jay A. Jerde, Senior Assistant Attorney General (with Patrick J. Crank, Attorney General, and Jennifer A. Golden, Deputy Attorney General, on the brief), Office of the Wyoming Attorney General, Cheyenne, WY, for Defendants-Appellees.
James R. Scarantino, Albuquerque, NM for Amici Curiae U.S. Outfitters, Inc., Jean Taulman, Lawrence Montoya, and Filiberto Valerio.
Paul A. Lenzini filed an amicus brief for International Association of Fish and Wildlife Agencies.
Before TYMKOVICH, McWILLIAMS, and PORFILIO, Circuit Judges.
The question in this case is whether three Wyoming statutes unconstitutionally limit equal access to hunting opportunities for nonresidents. Donald Schutz, a Florida resident, brings this 42 U.S.C. § 1983 suit against the state of Wyoming and various state officials representing the game and fish commission (together "Wyoming") for allegedly violating his constitutional rights. Relying on the Equal Protection Clause of the Fourteenth Amendment and the so-called "dormant" Commerce Clause of Article I, Section 8, of the United States Constitution, he claims that sections 23-2-101 (the "Fee Statute"), 23-1-703 (the "Quota Statute"), and 23-2-401 (the "Guide Statute") of the Wyoming code impermissibly burden nonresident hunters.
The district court granted summary judgment in favor of the Defendants, and Schutz filed a timely appeal. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district court's holdings regarding Schutz's standing to challenge the statutes. As to the merits, (a) we affirm the district court's dismissal of the statutory challenges on equal protection grounds, and (b) regarding the dormant Commerce Clause claim, we find that it is moot in light of Section 6063 of House Bill 1268, approved by the United States Congress and signed into law on May 10, 2005.
Schutz resided in Wyoming from 1954 until his graduation from the University of Wyoming in 1975. During that time, Schutz traveled the state extensively, hunting species of big game. After moving out-of-state, he often returned during the various hunting seasons. Schutz is not alone in finding Wyoming an enticing place to hunt big game. According to amicus U.S. Outfitters, Inc., nonresident hunters in 2001 spent approximately $123 million in Wyoming. Schutz himself claims that Wyoming receives $38.9 million in direct revenue from hunters and fishermen, three-quarters of which comes from nonresidents. App. tab 5 at 10.
Wyoming has responded to the interest in these sports by crafting a variety of regulatory provisions. Three such statutory provisions led Schutz to file the present claim. As discussed in detail below, the first is a Fee Statute, which charges higher fees to out-of-state hunters compared to in-state hunters. The second is a Quota Statute, which reserves a greater number of licenses for residents. Finally, Wyoming adopted a Guide Statute, requiring out-of-state hunters to employ either a professional or resident guide to hunt in designated wilderness areas.
In 2002, Schutz purchased a nonresident elk license, and used it to hunt on non-wilderness lands. Some months later, Schutz applied for a 2003 license to hunt bighorn sheep but decided against applying for elk or deer licenses because the licenses were too expensive, and he was unwilling to hire a professional guide or find a resident guide. The record does not disclose whether he in fact drew a bighorn sheep license.
Schutz then filed suit challenging the constitutionality of these three provisions of the Wyoming code. Wyoming responded by moving to dismiss, and again moved to dismiss after Schutz filed an amended complaint. The district court converted Wyoming's motion to a motion for summary judgment and allowed both parties to supplement the record. Schutz also filed a cross motion for summary judgment. Finding that Schutz did not have standing to challenge the Guide Statute and that the Quota and Fee Statutes did not violate his constitutional rights, the court granted summary judgment for Wyoming.
Schutz claims that three hunting statutes, individually and in concert, unconstitutionally limit his ability to legally hunt big game in the state of Wyoming. The statutes create special preferences for Wyoming residents in three ways: (1) in-state hunting licenses are cheaper, (2) more licenses are allocated to residents, and (3) residents are exempt from a requirement that hunters in wilderness areas obtain a guide.
The Fee Statute assesses much higher hunting license fees on out-of-state residents:
Wyo. Stat. Ann. § 23-2-101 (2002).
The fee difference is applicable to every species of big and trophy game, including, among others, deer, elk, mountain lion, grizzly bear, and antelope. The fee structure also includes a reduced rate for resident and nonresident youth.
The Quota Statute reserves to Wyoming residents a majority of the available licenses for exotic game such as bighorn sheep, mountain goats, moose, and grizzly bear:
The commission shall reserve eighty percent (80%) of the moose and seventy-five percent (75%) of the bighorn sheep, mountain goat and grizzly bear licenses to be issued in any one (1) year for resident hunters.
Wyo. Stat. Ann. § 23-1-703(e) (2002).
A smaller percentage of deer and elk licenses are reserved to Wyoming residents.
The Guide Statute creates two classes of hunters—resident and nonresident—for wilderness hunting:
(a) No nonresident shall hunt big or trophy game animals on any designated wilderness area, as defined by federal or state law, in this state unless accompanied by a licensed professional guide or resident guide. . . .
(b) Any resident possessing a valid resident big or trophy game animal license may apply for and receive a resident guide license. . . .
We review de novo questions of subject matter jurisdiction, including whether a plaintiff has standing to sue. Wilson v. Glenwood Intermountain Props., 98 F.3d 590, 593 (10th Cir.1996). We also review de novo the grant of a motion for summary judgment. Garrett v. Hewlett-Packard Co., 305 F.3d 1210, 1216 (10th Cir.2002).
Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). "A disputed fact is `material' if it might affect the outcome of the suit under the governing law, and the dispute is `genuine' if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Allen v. Muskogee, 119 F.3d 837, 839 (10th Cir.1997). "When applying this standard, we view the evidence and draw reasonable inferences therefrom in the light most favorable to the nonmoving party." Simms v. Oklahoma ex rel. Dep't of Mental Health & Substance Abuse Servs., 165 F.3d 1321, 1326 (10th Cir.1999). The nonmoving party must nonetheless present "facts such that a reasonable jury could find in [his] favor." Id.
Standing analysis, as the district court recognized, is as important as it is fact-sensitive. The doctrine is especially significant when federal courts sit in judgment over duly enacted state laws, given our concern about "the proper—and properly limited—role of the courts in a democratic society." Allen v. Wright, 468 U.S. 737, 750, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984); Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 124 S.Ct. 2301, 2308, 159 L.Ed.2d 98 (2004). Whether a plaintiff has standing to sue "turn[s] on the precise allegations of the parties seeking relief" and must be supported by specific facts. Wyoming ex rel. Sullivan v. Lujan, 969 F.2d 877, 882 (10th Cir.1992) (quoting National Wildlife Fed'n v. Hodel, 839 F.2d 694, 703-04 (D.C.Cir.1988)). As a result, standing analysis is often as confusing as it is fundamental. See Schaffer v. Clinton, 240 F.3d 878, 882 n. 5 (10th Cir.2001) (citing Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 475, 102 S.Ct. 752, 70 L.Ed.2d 700 (19...
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